Appellate tribunal NCLAT on Monday clarified that its order in the WhatsApp matter on privacy and consent safeguards also applies to user data collection and sharing for non-WhatsApp purposes, including non-advertising and advertising.
Passing an order over an application moved by CCI seeking clarification over the previous order passed by NCLAT, the appellate tribunal said, “Appellant (WhatsApp and Meta) cannot assert unilateral or open-ended rights over user data.
“We had clearly held that 'users must retain the right to decide what data is collected, for which purposes and for how long. Any non-essential collection or cross-use like advertising etc. can occur only with the concerned users' express and revocable consent,” said NCLAT.