WhatsApp: Instant messaging platform WhatsApp clarified in the Supreme Court that it is not correct to say that it is sharing users' data with other Meta companies.
WhatsApp: Instant messaging platform WhatsApp clarified in the Supreme Court that it is not accurate to say it shares user data with other companies. Senior lawyer Kapil Sibal, representing the company, told the court that the platform's technology is transparent and prioritizes privacy. According to him, there is no question of any violation of the law.
The matter came before a three-judge bench headed by Chief Justice Surya Kant. During the hearing, the company argued that the Digital Personal Data Protection Act (DPDP Act) of 2023 provides a proper solution to privacy issues.
Legal battle over Rs 213 crore fine
According to a report in The Hindu, the Competition Commission of India (CCI) imposed a fine of ₹213.14 crore on WhatsApp. The allegation was that the company abused its market dominance by imposing "take it or leave it" conditions in its 2021 privacy policy. The CCI believed that the consent obtained from users for data sharing was not genuine but coerced.
This decision was also upheld by the National Company Law Appellate Tribunal (NCLAT). However, the tribunal stated that the primary objective was to provide users with a choice about what data would be used, for what purposes, and for how long. The tribunal also clarified that unnecessary data collection or uses, such as advertising, should only be based on explicit and revocable consent.
Data sharing and user choice
At Monday's hearing, WhatsApp said it would comply with NCLAT's directives and implement user consent provisions by March 16, 2026. However, the tribunal ruled that the CCI's five-year ban on data sharing for advertising was unnecessary because users have already been given the option to opt in or opt out.
The question of privacy versus competition
In its last hearing, the court had sternly stated that the privacy of millions of Indian consumers would not be compromised, even comparing the commercial use of personal data to civilized theft.
On the other hand, the lawyer representing the CCI argued that the issue is not limited to privacy but also involves competition law. According to him, data sharing also impacts the market and consumer interests.
