The IT Rules 2021 (Intermediary Guidelines and Digital Media Ethics Code), on 25^th Feb have announced that, the social media intermediaries providing messaging function and which has more than 50 lakh registered users should oblige to the condition of ensuring chat traceability to find the originator of the information on their platforms. WhatsApp on 25^th May sued the Indian Government as the new rules asks for the users information to be tracked and Stored, which is the opposite of their end -to- end encryption service. For the message to be traced, encryption has to be broken which is the fundamental feature that makes users to trust the service and exchange information.

A release by Ministry of Electronics and IT said, “the traceability measure will be used by the law enforcement as the last resort” and only on specific situation such as to prevent, identify offence that affects sovereignty and integrity of India or child sex abuse material, punishable with imprisonment.

   Privacy at Stake:

WhatsApp is a messaging service that provides end -to- end encryption service to the users which allows only the sender and the receiver to know the content. There are about 400 million users of this messaging service in India whose privacy would be at stake if the rule is enacted. Encryption feature enables privacy protection, breaking it would be violation of privacy.

This rule will affect the right to show one’s opinion without hesitation, the work of journalists, social activists, voice of people against unethical acts etc., Sharing of personal and important information will become a question mark.

WhatsApp’s contention that “requiring messaging apps to ‘trace’ chats is the equivalent of asking us to keep finger print of every single message sent…and fundamentally determines right to privacy”

The existing law itself can already have access to encrypted data under Section69(3) of the IT Act. It can still seek unencrypted data, meta data and digital traits from intermediaries like WhatsApp. By this rule the law will be able to find the offender but at what cost, thousands of people’s freedom and privacy is on the line