India’s Supreme Court has raised serious concerns over WhatsApp’s user privacy policy, particularly regarding the sharing of user data with other Meta-owned companies. During a recent hearing, the court questioned whether WhatsApp clearly informs users about how their information is shared and indicated that restrictions on such data sharing could be reinstated. The case stems from a longstanding dispute between WhatsApp and India’s antitrust regulator over user consent and the use of data for advertising purposes.
Background of the Dispute
WhatsApp has been in conflict with the Competition Commission of India (CCI) since November 2024, when the regulator fined the company $25.4 million (approximately Rs. 213 crore). At the same time, CCI barred WhatsApp from sharing user data with other Meta subsidiaries for ad targeting purposes for five years.
A higher court later lifted the ban on data sharing but maintained the monetary penalty. Both WhatsApp and the CCI have since appealed to the Supreme Court for resolution.
Supreme Court’s Observations
During the hearing, Chief Justice Surya Kant criticized WhatsApp’s privacy policy, suggesting that it could mislead users, particularly senior citizens and those in rural areas who may not fully understand how their data is being used.
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The court also noted that it could reimpose restrictions on data sharing if it concludes that WhatsApp’s policy is unfair or non-transparent. WhatsApp has not provided a comment, citing ongoing litigation.
Data Shared by WhatsApp
According to WhatsApp, it shares the following with Meta:
- Phone numbers
- Transaction data
- Interaction with businesses
- Mobile device information
India is home to a significant portion of Meta’s workforce, including thousands of engineers working on WhatsApp and Instagram, and it represents Meta’s largest user base globally, with over 400 million Facebook users and more than 480 million Instagram users.
Global Scrutiny of Meta’s Privacy Practices
India is not alone in examining Meta’s privacy policies. In 2023, the European Union required the company to simplify its privacy explanations after allegations that its policies violated EU transparency rules.