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. Senior advocate Kapil Sibal, appearing for the company, told the court that the technology of the platform is transparent and gives priority to privacy. According to him, no question of violation of law arises.

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 of 2023 (DPDP Act) provides an appropriate solution to privacy-related issues.

Legal battle over fine of Rs 213 crore

According to the report of The Hindu, in fact, the Competition Commission of India (CCI) had imposed a fine of Rs 213.14 crore on WhatsApp. The allegation was that the company misused its market dominance by placing conditions like ‘take it or leave it’ in the privacy policy of 2021. CCI believed that the consent taken from users for data sharing was not genuine but was given under compulsion.

This decision was also upheld by the National Company Law Appellate Tribunal (NCLAT). However, the tribunal said that the main objective is to give the user a choice so that he can decide which of his data will be used, for what purpose and for how long. The tribunal also made it clear that non-essential data collection or uses such as advertising should be possible only on the basis of explicit and revocable consent.

Data sharing and user choice

In Monday’s hearing, WhatsApp said that it will comply with the directions of NCLAT and implement the provisions related to user consent by March 16, 2026. However, the tribunal termed the five-year ban imposed by CCI on data sharing for advertising as unnecessary as users have already been given the option to opt-in or opt-out.

Question of privacy vs competition

The court had said in strong words in the last hearing that the privacy of millions of Indian consumers will not be allowed to be compromised. Commercial use of personal data was even compared to civilized theft.

On the other hand, the lawyer appearing on behalf of CCI argued that this matter is not limited to privacy only but is also related to competition law. According to him, data sharing also impacts the market and consumer interests.

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