“We Don’t Read Your Chats”: WhatsApp Defends Privacy In Supreme Court Face-off

NEW DELHI — The legal battle over WhatsApp’s 2021 privacy policy has reached a fever pitch. After the CJI previously described the platform’s data practices as a “decent way of committing theft,” WhatsApp’s latest affidavit seeks to clarify the distinction between encrypted personal messages and optional business interactions.

1. The “End-to-End Encryption” Defense

WhatsApp reiterated that it remains a “black box” even to its own engineers when it comes to personal communications:

• No Access to Content: The company stated it cannot read messages, listen to calls, or access contact lists for advertising purposes.
• Refuting Targeted Ads: Responding to the CJI’s observation that users see medical ads after private chats, WhatsApp argued this is likely due to web browsing or search history on other platforms, not encrypted WhatsApp messages.
• No Logs: The affidavit claimed WhatsApp does not store logs of who users are messaging or calling.

2. The Case for “Limited” Data Sharing

WhatsApp argued that a total ban on sharing data with parent company Meta would be “disproportionate”:

• Empowering SMEs: Approximately 200,000 Indian advertisers (including kirana stores and startups) use “Click-to-WhatsApp” ads on Facebook/Instagram. A ban would disrupt this cost-effective marketing ecosystem.
• Business Features: Data sharing only occurs when users voluntarily engage with “Business” features. WhatsApp maintains that users should have the choice to opt-in for enhanced experiences.
• Fraud Prevention: Sharing signals (not content) with Meta is essential for measuring ad effectiveness and preventing platform abuse.

3. Compliance and the ₹213 Crore Penalty

The current proceedings stem from a ₹213.14 crore penalty imposed by the Competition Commission of India (CCI) for “take-it-or-leave-it” privacy terms.

• The March 16 Deadline: Senior Counsel Kapil Sibal informed the court that Meta will comply with the directive to provide clearer opt-out mechanisms for users by mid-March.
• The Bench: The case is being heard by a bench comprising CJI Surya Kant, Justice Joymala Bagchi, and Justice Vipul M. Pancholi.

Chronology: The WhatsApp Privacy Battle