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WhatsApp user data our private property, Meta tells NCLAT

September 12, 2025

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Business Standard

User data collected by Meta from WhatsApp is Meta's private property to enhance the platform's technology, the firm argued before the National Company Law Appellate Tribunal (NCLAT) on Thursday.

- BHAVINI MISHRA

The NCLAT was hearing application by Meta Platforms and WhatsApp challenging the Competition Commission of India (CCI) order imposing a fine of ₹213.14 crore on the tech giant for alleged abuse of its dominant position related to WhatsApp's 2021 privacy policy. The appellate tribunal, however, stayed a part of the CCI order, which had imposed a five-year ban on the company's data-sharing practices in India.

"By leveraging user data from WhatsApp, Meta can enhance its technology. It's (user data) collected by me, it's my personal property. Shall I give it to my competitors?," senior advocate Arun Kathpalia, appearing for Meta, argued.

He said there is no change in the data sharing policy of 2021 from the privacy policy of 2016. The users who opted out of not sharing their data would continue to do so with the latest privacy policy as well.

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