Supreme Court Raps WhatsApp, Meta Over Privacy Policy; Interim Order Likely on Feb 9
Apex court says tech firms cannot undermine citizens’ right to privacy under data-sharing policies
New Delhi, Feb 3: The Supreme Court on Tuesday delivered strong remarks against Meta Platforms Inc and its messaging service WhatsApp while hearing their challenge to a Competition Commission of India (CCI) order that imposed a ₹213.14 crore penalty over alleged misuse of user data under its privacy policy.
A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, made it clear that technology companies cannot compromise citizens’ fundamental right to privacy under the guise of data sharing. The court said it would issue an interim order in the matter on February 9 and directed that the Ministry of Electronics and Information Technology be added as a party to the case.
The apex court was examining appeals filed by Meta and WhatsApp against a ruling of the National Company Law Appellate Tribunal (NCLAT), which had upheld the CCI’s conclusion that WhatsApp abused its dominant position, while offering partial relief related to advertising-linked data sharing.
During the hearing, the bench observed that the right to privacy is a constitutionally protected value and cannot be diluted by complex or misleading policy terms. The Chief Justice remarked that privacy conditions are framed in such a manner that ordinary users are unable to fully grasp their implications.
The court warned Meta and WhatsApp that any form of data sharing without proper safeguards would not be tolerated. It said the companies must provide a clear undertaking assuring protection of user data, failing which the court would step in with appropriate directions.
