Supreme Court Issues Stern Warning to WhatsApp and Meta Over Privacy Policy Concerns
The Supreme Court of India has delivered a strong rebuke to Meta Platforms Inc and its subsidiary WhatsApp during a crucial hearing concerning their appeals against a significant penalty imposed by the Competition Commission of India (CCI). The bench, led by Chief Justice Surya Kant alongside Justices Joymalya Bagchi and Vipul M Pancholi, emphasized that technology giants cannot compromise the fundamental right to privacy of Indian citizens under the guise of data sharing.
Court's Firm Stance on Privacy Rights
During the proceedings, the Supreme Court bench made it unequivocally clear that the right to privacy is a cornerstone of the Indian legal framework and will be protected vigorously. Chief Justice Surya Kant articulated the court's position with striking clarity, stating, "You can't play with the right of privacy of this country in the name of data sharing. We will not allow you to share a single word of the data, either you give an undertaking...you cannot violate the right of privacy of citizens."
The justices expressed deep concern over the complexity and opacity of the privacy terms presented by the companies, describing them as "so cleverly crafted" that they are incomprehensible to the average person. This, the court suggested, could potentially facilitate what it termed as "a decent way of committing theft of private information."
Legal Proceedings and Interim Order Announcement
The hearing centered on appeals filed by Meta and WhatsApp challenging a judgment from the National Company Law Appellate Tribunal (NCLAT). The NCLAT had largely upheld the CCI's findings that the companies engaged in abuse of dominance through their privacy policy, while providing limited relief concerning advertising-related data sharing. The CCI had originally imposed a substantial penalty of ₹213.14 crore on the tech entities for these violations.
In a significant development, the Supreme Court announced that it will issue an interim order on February 9, 2026, to address the immediate concerns raised during the hearing. Furthermore, the court has directed that the Ministry of Electronics and Information Technology be included as a party to the petitions, underscoring the governmental interest in this matter of national importance.
Broader Implications for Digital Privacy in India
This case represents a pivotal moment in India's ongoing efforts to regulate digital platforms and protect citizen data. The Supreme Court's assertive stance signals a growing judicial intolerance for practices that may undermine privacy rights in the rapidly evolving digital landscape. The bench's insistence on obtaining undertakings from the companies reflects a proactive approach to preventing potential privacy violations before they occur.
As the legal battle continues, all eyes will be on the forthcoming interim order scheduled for February 9, which is expected to provide crucial guidance on data sharing practices and privacy protections in the country. The outcome of this case could set important precedents for how technology companies operate in India and how citizen data is safeguarded against unauthorized use and sharing.
