Never shared data with third parties, Whatsapp tells SC; ready for sworn declaration

Instant messaging service WhatsApp has offered to make a sworn declaration in the Supreme Court of India, stating that it had never shared the date belonging to its users with third parties.

The Facebook-owned app is trying to shut down claims that its 2016 privacy policy allowed it to share users’ data.

The top court, however, has said that the matter isn’t yet closed, since a large number of Indians use the messaging service.

"We cannot leave 160 million subscribers trapped in a corridor of charity," said Justice Dipak Misra, head of a five-judge bench hearing a batch of petitions that challenge WhatsApp's privacy policy after it got acquired by Facebook.

On behalf of WhatsApp, senior counsel KK Venugopal said that its services under regulatory control.

"We can file an affidavit stating that not a single piece of information has been shared with anybody," Venugopal said. "Even I cannot access the information if I want to. There is no element of human intervention in the process. Machines take care of this."

He argued that as per the policy, it’s only after a user consents that sensitive personal information can be shared.

"This is economic espionage in the name of free service," said lawyer Madhvi Divan on behalf of the petitioners. "Look at their business model. They have acquired WhatsApp for a whopping $19 billion."