What is the story about?
Online messaging platform WhatsApp on Monday (February 23, 2026) told the Supreme Court that it does not read users’ personal messages, share user data emphasising that all the messages remain end-to-end encrypted protecting the privacy of individuals.
Appearing before a three-judge Bench headed by Chief Justice of India Surya Kant, senior advocate Kapil Sibal, for WhatsApp and parent company Meta, said its technology was very clear and put a premium on privacy. “There is no question of violating the law,” Mr. Sibal submitted.
The Competition Commission of India had earlier claimed that users were forced to share their personal information for continued access to the instant messaging platform.
WhatsApp on Monday said that it is not “quite right” to say the online entity is sharing data with other Meta platforms.
During the previous hearing on February 3, the bench led by CJI Surya Kant expressed deep skepticism over WhatsApp’s consent framework, calling the policy a “decent way of committing theft of private information” and observing that users “pay” for the supposedly free service with their data.
In an appeal last year, the NCLAT concluded that the “core principle is to remove exploitation by restoring user choice”.
“The users can be given choice if users retain the right to decide what data is collected from them, for which purposes, and for how long. We had also stated in our findings that any non-essential collection or cross-use (like advertising etc.) can occur only with the concerned user’s express and revocable consent,” the NCLAT had observed.
In its affidavit, WhatsApp said it had addressed the court’s concerns about how the platform functions. It reiterated that “personal messages and calls are protected by end-to-end encryption” and that no one outside a chat, “not even WhatsApp.”
On Monday, WhatsApp agreed that it would comply with the direction given by NCLAT relating to the user’s privacy for sharing data with parent company Meta.
Though WhatsApp and Meta had protested that users could ‘opt out’ of the data-sharing provision, the court had persisted in its criticism.
“Data-sharing has many facets. One may be privacy and data protection. But there is another aspect, protecting market and consumer, which stands on a totally different footing,” Senior advocate Madhavi Goradia Divan, for CCI submitted.
No question of violating law
Appearing before a three-judge Bench headed by Chief Justice of India Surya Kant, senior advocate Kapil Sibal, for WhatsApp and parent company Meta, said its technology was very clear and put a premium on privacy. “There is no question of violating the law,” Mr. Sibal submitted.
The Competition Commission of India had earlier claimed that users were forced to share their personal information for continued access to the instant messaging platform.
WhatsApp on Monday said that it is not “quite right” to say the online entity is sharing data with other Meta platforms.
Questions raised on Whatsapp's consent framework
During the previous hearing on February 3, the bench led by CJI Surya Kant expressed deep skepticism over WhatsApp’s consent framework, calling the policy a “decent way of committing theft of private information” and observing that users “pay” for the supposedly free service with their data.
In an appeal last year, the NCLAT concluded that the “core principle is to remove exploitation by restoring user choice”.
“The users can be given choice if users retain the right to decide what data is collected from them, for which purposes, and for how long. We had also stated in our findings that any non-essential collection or cross-use (like advertising etc.) can occur only with the concerned user’s express and revocable consent,” the NCLAT had observed.
End-to-end encryption
In its affidavit, WhatsApp said it had addressed the court’s concerns about how the platform functions. It reiterated that “personal messages and calls are protected by end-to-end encryption” and that no one outside a chat, “not even WhatsApp.”
On Monday, WhatsApp agreed that it would comply with the direction given by NCLAT relating to the user’s privacy for sharing data with parent company Meta.
Though WhatsApp and Meta had protested that users could ‘opt out’ of the data-sharing provision, the court had persisted in its criticism.
“Data-sharing has many facets. One may be privacy and data protection. But there is another aspect, protecting market and consumer, which stands on a totally different footing,” Senior advocate Madhavi Goradia Divan, for CCI submitted.
