WhatsApp Defends Data Sharing Before NCLAT
Bengaluru: WhatsApp told the National Company Law Appellate Tribunal (NCLAT) on Tuesday that sharing basic account details and general user preferences with its parent company Meta does not violate users’ right to privacy.
WhatsApp Explains Data Sharing
Senior counsel Mukul Rohatgi, representing WhatsApp, said the platform only shares non content data with Meta. This includes information inferred from how users interact with businesses on WhatsApp. For example, it could show if someone often visits restaurants, checks travel options, or shows interest in luxury cars.
Rohatgi clarified that WhatsApp never shares the actual content of messages. He explained that while WhatsApp may tell Meta how often someone visits a restaurant, it does not share details about what they eat.
Privacy Concerns Addressed
According to Rohatgi, personal details such as who a person meets, what they eat, or where they go form part of privacy. However, sharing general patterns, such as people between the ages of fifty and seventy showing interest in Mercedes cars, does not count as a privacy breach.
He stressed that WhatsApp messages remain protected through end to end encryption. Even Meta cannot access the content of private chats, calls, photos, or videos.
Case Background
The issue began in January 2021 when it updated its terms of service and privacy policy. The new rules required users to accept broader data collection and mandatory data sharing with Meta companies to continue using WhatsApp.
The Competition Commission of India (CCI) later reviewed the policy and ruled that it forced users into unfair conditions. Last November, the CCI fined Meta more than two hundred crore rupees and banned WhatsApp from sharing data with Meta companies for advertising purposes for five years.
In January this year, NCLAT paused the five year ban but asked Meta to deposit half of the penalty.
Tribunal Questions and Responses
During the hearing, Tribunal members asked how privacy concerns arise when investigation agencies gain access to private phone records and chats. Rohatgi replied that agencies like the Enforcement Directorate can only read messages if they obtain a user’s physical key from their device. He added that WhatsApp itself cannot read or hear private conversations.
The Tribunal will continue hearing arguments on Wednesday.
Also read: How the CCI Considers Data Access Crucial for Competition in Digital Markets