Supreme Court Warns Meta on WhatsApp Privacy Policy

New Delhi, February 3 (TNA) India’s Supreme Court issued a stern warning to Meta Platforms over WhatsApp’s privacy practices during a hearing on Tuesday. A bench led by Chief Justice Surya Kant criticized the company for compromising citizens’ privacy rights through its data-sharing policies.

The bench emphasized that tech companies operating in India cannot tamper with citizens’ privacy rights under the guise of business interests. Chief Justice Surya Kant remarked, “If you cannot follow our Constitution, then leave India,” highlighting that no commercial venture can override constitutional protections.

Justice J Bagchi questioned the effectiveness of user consent mechanisms, noting that policies are often incomprehensible to non-English speakers, rural users, and vulnerable groups like the elderly. The court flagged the “take-it-or-leave-it” approach in WhatsApp’s 2021 policy update, which allowed data sharing with Meta entities for advertising.

The hearing addressed Meta and WhatsApp’s appeals against a National Company Law Appellate Tribunal (NCLAT) order upholding a ₹213.14 crore penalty by the Competition Commission of India (CCI). The CCI ruled that the policy constituted abuse of dominance by forcing users to share data for continued access to services.

Solicitor General Tushar Mehta described the policy as exploitative, while senior advocate Mukul Rohatgi defended data encryption. The bench refused to permit data sharing without robust safeguards and directed detailed orders by February 10.

The court listed the matter for further hearing before a larger bench on February 9, ordering Meta not to withdraw the deposited penalty. It mandated counters within four weeks, signaling potential restrictions on cross-platform data sharing.