SC slams WhatsApp, Meta over privacy policy; interim order on Feb 9

The Supreme Court of India on Tuesday came down heavily on Meta Platforms Inc and its messaging platform WhatsApp while hearing their appeals against a penalty imposed by the Competition Commission of India over the 2021 privacy policy.

A bench comprising Chief Justice Surya Kant, and Justices Joymalya Bagchi and Vipul M. Pancholi said it would pass an interim order on 9 February and directed that the Ministry of Electronics and Information Technology be impleaded as a party to the proceedings.

The bench was hearing appeals filed by Meta and WhatsApp against a judgment of the National Company Law Appellate Tribunal which upheld the CCI’s findings that WhatsApp had abused its dominant position through its privacy policy, though it granted limited relief relating to advertising-related data sharing.

“You cannot play with the right to privacy of citizens of this country in the name of data sharing,” the Chief Justice observed, warning the companies that the court would not permit any sharing of user data without adequate safeguards.

“We will not allow you to share a single word of the data. Either you give an undertaking or we will have to pass an order. You cannot violate the right to privacy of citizens,” the bench said.

The court emphasised that the right to privacy is zealously guarded in India and noted that the privacy terms framed by technology companies are “so cleverly crafted” that an ordinary user is unable to fully understand their implications.

“This is a decent way of committing theft of private information. We will not allow this,” the Chief Justice remarked, adding that an undertaking from the companies may be required pending further orders.

The CCI had imposed a penalty of Rs 213.14 crore on WhatsApp, directing it to roll back the controversial policy and refrain from sharing user data with Meta for advertising purposes for a specified period.

The matter will be taken up next on 9 February, when the court is expected to pass interim directions.