Supreme Court Hearing: WhatsApp Says It Does Not Share User Data with Meta
Company Pledges Compliance with Consent Rules
CCI Penalty Sparks Debate on Privacy and Competition
By Legal Reporter
New Delhi: February 24, 2026:
In a high-profile case that touches on both privacy and competition law, WhatsApp told the Supreme Court of India that it does not share user data with its parent company Meta. The messaging giant assured the Court that it would fully comply with directions issued by the National Company Law Appellate Tribunal (NCLAT), which require explicit user consent for any data-sharing.
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The matter stems from WhatsApp’s controversial 2021 privacy policy update, which allowed data to be shared across Meta platforms. The Competition Commission of India (CCI) had imposed a penalty of ₹213.14 crore, calling the policy an abuse of market dominance.
Background of the Case
- 2021 Privacy Policy: WhatsApp introduced changes that permitted sharing of user data with Meta companies.
- CCI Findings: The regulator said users were forced into a “take-it-or-leave-it” situation, amounting to exploitation.
- Penalty: A fine of ₹213.14 crore was imposed on WhatsApp.
- NCLAT Ruling: While upholding the penalty, the tribunal stressed that user choice must be restored, and data-sharing should only occur with express and revocable consent.
WhatsApp’s Stand in Supreme Court
Senior advocate Kapil Sibal, representing WhatsApp and Meta, told the Bench led by Chief Justice Surya Kant that:
- WhatsApp’s technology prioritizes end-to-end encryption and privacy.
- It is “not quite right” to say WhatsApp shares data with Meta.
- The company will comply with NCLAT’s directions by March 16, 2026.
- The Digital Personal Data Protection Act, 2023 already addresses privacy concerns comprehensively.
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Court’s Concerns
The Supreme Court has been cautious, warning that platforms cannot exploit the personal data of millions of “silent consumers.” In earlier hearings, the Bench compared unauthorized data-sharing to a “decent way of committing theft.”
The Court emphasized that:
- Privacy is a fundamental right.
- Consent must be meaningful, not manufactured.
- Commercial exploitation of personal data without choice is unacceptable.
Competition Law Angle
Senior advocate Madhavi Goradia Divan, appearing for the CCI, highlighted that the issue is not only about privacy but also about market fairness. She argued that data-sharing practices could distort competition and harm consumers in ways beyond privacy violations.
Implications of the Case
- For Users: Assurance that their data will not be shared without consent.
- For WhatsApp: Compliance with stricter rules may affect its integration with Meta’s ecosystem.
- For Regulators: Reinforces the need to balance privacy rights with competition law.
- For Tech Industry: Sets a precedent for how global platforms must adapt to India’s evolving data protection framework.
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Conclusion
The Supreme Court’s scrutiny of WhatsApp’s privacy practices underscores India’s growing emphasis on digital rights and consumer protection. While WhatsApp insists it does not share data with Meta, the Court’s insistence on transparency and consent reflects a broader shift toward accountability in the digital economy.
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