Supreme Court Asks WhatsApp To Reveal What Data It Shares With Facebook

The Supreme Court has asked instant messaging platform WhatsApp to explain what sort of user information it shares with its parent Facebook in what can be a test case for data protection after the apex court ruled that privacy is a fundamental right.

The five-judge Constitution bench headed by Chief Justice Dipak Misra asked the messaging app to file an affidavit to explain the type of information it passed on after WhatsApp said it shared “only selective data” like phone number, device details, registration number and last seen details.

The government reiterated that it is working on a data protection law. The court had sought its view in a privacy petition filed by students that said data of over 157 million Indians has been infringed by WhatsApp and Facebook for alleged commercial use.

Also Read: Meaningful Data Protection Law Vital In Securing Right To Privacy

The outcome of the case will have a significant impact on WhatsApp as India is its largest market with over 200 million active users. And the order to reveal information-sharing details comes less than a fortnight after a nine-judge Constitution bench ruled that right to privacy is an intrinsic part of the Constitution under the right to life and liberty. The verdict emphasised data privacy to “protect the autonomy of an individual”.

In the WhatsApp case, the Delhi High Court had restrained the messaging app from sharing with Facebook the user information existing up to September 25, 2016 when its new privacy policy came into effect. The petitioners then moved the apex court saying the high court didn't give relief to users for data shared after that.

The court will now hear the matter on November 28.

Also Read: The Right To Privacy Is Now Public

(With inputs from PTI)

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