SC takes tough stand on WhatsApp privacy policy, interim order likely on Feb 9

The Supreme Court on Tuesday strongly criticised Meta Platforms Inc and its messaging arm WhatsApp over alleged violations of users’ privacy, observing that technology companies cannot compromise citizens’ fundamental right to privacy under the pretext of data sharing.

Hearing appeals filed by Meta and WhatsApp against a Competition Commission of India (CCI) penalty of ₹213.14 crore, the court said it would pass an interim order on February 9. The bench, headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and Vipul M Pancholi, also directed that the Ministry of Electronics and Information Technology (MeitY) be impleaded as a party in the matter.

The appeals challenge a ruling of the National Company Law Appellate Tribunal (NCLAT) , which had largely upheld the CCI’s findings that WhatsApp abused its dominant position through its 2021 privacy policy, though it granted limited relief related to advertising data sharing.

Making sharp observations, the Chief Justice said the court would not permit any form of data sharing that infringes upon citizens’ privacy rights. “You cannot play with the right to privacy of this country in the name of data sharing. We will not allow you to share a single word of data unless you give a clear undertaking,” the bench warned.

The court noted that the right to privacy is zealously protected in India and expressed concern that WhatsApp’s privacy terms were drafted in a manner that ordinary users could not easily comprehend. Describing the practice as deeply problematic, the bench remarked that such policies amounted to a “decent way of committing theft of private information”.

The Supreme Court indicated that unless Meta and WhatsApp provide an assurance that user data will not be misused, it would be compelled to issue appropriate directions through an interim order.

The matter will be taken up again on February 9.