Users’ retort has indeed been quick, sharp, and massive. They poured out their disapprovals in words as well as in actions. Millions of users posted and tweeted their angst against the move and even signed up on alternative messaging apps such as Signal and Telegram. Tesla Founder Elon Musk’s two-word tweet, “Use Signal,” helped drive a switch from WhatsApp, particularly given his following of 41.5 million on Twitter.

The rush to leave WhatsApp was so high that servers of Signal were not able to take the load of new signups. At one point, Signal sent out a tweet, “Verification codes are currently delayed across several providers because so many new people are trying to join Signal right now…Hang in there.”

On 11 January 2021, Facebook’s shares declined 4.01% on a day when Nasdaq slipped just 1.55%. On 12 January, it further declined 2.24% on a day when Nasdaq rose 0.77%. On 14 January, it happened to be at the lowest in more than six months.

Better World ran a quick user survey, where 37% users said they considered the move a serious breach of their privacy, while 45% said they it was not good but they could live with it. Only around 18% said the change didn’t bother them at all. However, some of these 18% users were already using other messaging apps along with WhatsApp.

In the age of social media, many of us have become comfortable sharing our thoughts and views on Facebook. In fact, many people don’t mind sharing sensitive personal information such as location and travel plans not just with friends but also with public at large.

However, when it comes to WhatsApp, the behavior often changes. Many of the users’ chats are peer-to-peer in nature and may not be meant for public viewing or consumption. The same would apply to the other activities they perform on WhatsApp, whether today or in future. These would include the financial and transactional activities performed on the WhatsApp platform.

In a digital living environment, if a Facebook wall may be considered comprising areas of the lobby and the living room, WhatsApp will certainly be akin to the bedroom and beyond.

No wonder, the recent changes in WhatsApp’s privacy policy have created a din that Facebook could not see coming.

In the wake of the user backlash, WhatsApp had to get into a defensive mode, sending out clarifications and explanations. However, a damage had been done by then. In a first reaction, 17% users responded to the Better World survey said they were quitting/had quit WhatsApp for good, while 45% said they would accept the change but start exploring other or additional options. Interestingly, 12% said they were already using another social messaging app. However, a good 26% said they would accept the changes and keep using WhatsApp as before.

Often, as an extension to the assumption that transparency is the hallmark of a digital age, it is argued that privacy is hardly a thing that users care about. The user backlash against WhatsApp’s privacy assumptions easily breaks that myth. It also reminds one of the “Free Basics” event a few years ago. Users had then considered it an attempt to compromise ‘net neutrality,’ and Facebook had to roll the offer back.

The promptness of users in defending their privacy and other rights can easily be evidenced by these two examples. The events also show that users are well aware of the repercussions of any policy change or a new offering in the internet world. This is echoed by this survey results, with 80% users stating they were aware that WhatsApp was changing its privacy policy, and would be sharing a range of user data with Facebook and Instagram platforms with effect from 8 February 2021 (now 15 May 2021). The remaining 20% users said they were not aware of such changes. It is likely that some of these users were yet to receive the notifications regarding policy change when they took this survey.

Further, around 47% of users said they understood the implications of WhatsApp’s new privacy policy for users reasonably well and another 18% said they understood it fully well. By contrast only 29% said they didn’t understand it well enough while another 6% said they didn’t understand it at all. Overall, this implies a high incidence of awareness around WhatsApp’s new privacy policy.

Notably, while the messages will remains end-to-end encrypted, the new policy means sharing a host of user-related information with Facebook and other third-party platforms. These include information about a user’s location, IP address, mobile operator, timezone, phone number, and receipt of a Facebook or WhatsApp account. Additionally, conversations associated with business accounts will now be shared with Facebook.

WhatsApp has issued a number of clarifications and explanations pertaining to the change. Those clarifications, however, have been far from satisfactory. Its parent company Facebook says the new policy changes are directed only at Business WhatsApp accounts and not the individual accounts. Also, it says only certain ad-related information will be shared with Facebook and other group companies.

However, on the actual Privacy Policy page, some of the statements may sound alarming to users. It states in one place, “We work with third-party service providers and other Facebook Companies to help us operate, provide, improve, understand, customize, support, and market our Services,” and adds, “When we share information with third-party service providers and other Facebook Companies in this capacity, we require them to use your information on our behalf in accordance with our instructions and terms.”

What if third-party service providers don’t follow the “instructions and terms,” as had happened when in 2018 Cambridge Analytica was found to have harvested data of 87 million users from Facebook in 2016 under the guise of a survey app? In September 2018, again, hackers were able to exploit an API vulnerability to gain access to data of around 50 million users. In September 2019, data of 419 million Facebook users, including names and phone numbers, was exposed online, said Techcrunch. Three months later, data of 267 million Facebook users was reported by Comparitech as being in the wild. In March 2020, Comparitech revised the number to 309 million after finding data of another 42 million residing on another server had been compromised as well.

Given Facebook’s not-so-stellar record in protecting user data from being exploited by threat actors, it may be concerning for users to let some of their WhatsApp data be mined by Facebook and other third-party service providers.

WhatsApp, on its Privacy Policy page, further adds, “When you or others use third-party services or other Facebook Company Products that are integrated with our Services, those third-party services may receive information about what you or others share with them.” “Please note that when you use third-party services or other Facebook Company Products, their own terms and privacy policies will govern your use of those services and products.”

WhatsApp is not clear what this amounts to when used in conjunction with the previous two statements. Does this mean that if WhatsApp users share certain information with Facebook or other third-party services integrated with WhatsApp, the privacy policies of those services take over and WhatsApp’s privacy policy loses jurisdiction?

It will help if WhatsApp addresses such concerns and questions in its Privacy Policy document.

Coming to data protection, it is important to first distinguish between stationary data and moving data. While it can be reasonably guaranteed to foolproof privacy and security of stationary data, it can get very hard to ensure privacy of moving data.

The velocity of a moving data can be lightning fast in today’s digital environments. So once a private data gets into a public domain, even the slightest lapse or gap at the end of a data custodian could be disastrous. The hacks and misuses listed out earlier in this report are a testimony to this assertion.

It is therefore critical that, as we progress further into the digital economy, we ought to remove all regulatory fuzziness and laxity on the privacy front. A majority of respondents to the Better World survey subscribe to this view, with 24% noting that the government should ask WhatsApp to roll back the changes and another 43% stating that there needs to be a more holistic regulation in place. However, 33% of the users said that it would be better to let users be the best judge, though less than 22% of these users said they were fully aware of the implications of WhatsApp’s new privacy policy as users. Of the remaining 78%, slightly more than 26% said as users they didn’t understand the implications of WhatsApp’s new privacy policy at all or well enough, though more than 54% of these users said they reasonably understood the implications if not fully well.