The Supreme Court expressed serious concern over WhatsApp’s 2021 privacy policy and the sharing of user data by its parent company Meta Platforms. The court remarked that the platform cannot jeopardize the right to privacy of Indian users. This concern arose during a hearing on appeals filed by Meta Platforms and WhatsApp LLC against a penalty imposed by the Competition Commission of India.
Agreeing to hear the appeals, the Chief Justice of India-led Bench criticized WhatsApp’s privacy policy as a “take it or leave it” arrangement. The court highlighted that users are left with no real choice due to the platform’s market dominance. The Bench raised questions about the fairness of the policy, especially for ordinary users who may struggle to comprehend its terms.
The Supreme Court described the alleged data practices as concerning and accused WhatsApp of potentially committing theft of private information. It emphasized the importance of safeguarding the right to privacy and criticized any actions that undermine constitutional principles. The court also expressed worry over targeted advertisements following personal communications, despite WhatsApp’s claims of end-to-end encryption for messaging services.
Solicitor General Tushar Mehta, representing the Centre, echoed the court’s concerns about the commercial exploitation of personal data. Following a detailed hearing, the Bench directed Meta and WhatsApp to submit an affidavit detailing their privacy policy and data-sharing procedures, including how user consent is obtained. The Union government was also included as a party in the proceedings, with further hearings scheduled for the following week.
