Supreme Court Questions WhatsApp Policy On Sharing User Data With Meta Entities

Supreme Court questions WhatsApp policy: India’s Supreme Court has slammed WhatsApp over its sharing of user data with other Meta-owned firms. In a recent hearing, the court asked whether WhatsApp’s user privacy policy clearly discloses how the data of users is shared and cautioned that restrictions on such data sharing could be reimposed. The case is the result of a longstanding battle between WhatsApp and India’s antitrust regulator regarding user consent and use of advertising-related data.

Background of the Dispute

WhatsApp has been at odds with the Competition Commission of India (CCI) since November 2024, when the regulator charged it 25.4 million dollars (or about Rs. 213 crore). The CCI also prohibited WhatsApp from sharing user information for ad targeting with other Meta subsidiaries for five years.

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A higher court later lifted the data-sharing ban and left the monetary penalty in place, leading both WhatsApp and the regulator to appeal to the Supreme Court.

Supreme Court’s Observations

During the hearing, Chief Justice Surya Kant slammed WhatsApp’s privacy policy and said it seems to be tilted in a manner that could lead to users getting misled. He wondered how seniors or rural users could reasonably comprehend the company’s intentions with respect to data use.

The court also held out the possibility that it could reinstate restrictions on data sharing if it determined WhatsApp’s policy was unfair or opaque. WhatsApp did not respond to a request for comment, citing that the issue is the subject of ongoing litigation.

What Data WhatsApp Shares

WhatsApp has publicly said it shares the following with Meta:

- Phone number

- Transaction data

- Interaction with businesses

- Mobile device information

Thousands of software engineers working on Meta’s biggest and most profitable services, like Instagram and WhatsApp, are based in the country, and India is home to Meta’s largest user base of any market: It has more than 400 million Facebook users there as well as more than 480 million Instagram users.

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Global Concerns Around Meta’s Privacy Policy

It hasn’t just been EU countries placing Meta’s privacy policy under a microscope, either. In 2023, the company also agreed to explain its policy in simpler terms in the European Union after facing accusations that it violated E.U. transparency rules.