Supreme Court Criticises Meta And WhatsApp Over Privacy Policy
Supreme Court questions Meta and WhatsApp over privacy policy and user data protection.
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The Supreme Court of India has raised significant concerns regarding the privacy policy of Meta Platforms and WhatsApp, particularly focusing on the potential exploitation of Indian users’ personal data.
The court was hearing appeals related to the ₹213.14 crore penalty imposed by the Competition Commission of India (CCI) on WhatsApp for its 2021 privacy policy. The bench, led by Chief Justice of India Surya Kant, questioned the adequacy of user choice and the implications for the right to privacy.
According to Live Law, the Supreme Court made strong remarks against Meta and WhatsApp, stating that it would not permit the exploitation of Indians’ personal data. The bench expressed concern that the platforms’ privacy policy could enable the transfer and commercial use of user data without meaningful consent, especially given WhatsApp’s dominant market position.
As reported by Bar and Bench, the Court criticised the “take it or leave it” approach of WhatsApp’s privacy policy, highlighting the lack of a clear opt-out mechanism for users. The Chief Justice questioned how ordinary users, particularly those in rural areas or with limited literacy, could understand or exercise their rights under the current policy structure.
The bench noted that the language of the privacy policy is complex and not easily comprehensible to the average user, The Live Law reported. The court emphasised that policies must be formulated from the perspective of the common customer, not just those with legal or technical expertise.
Justice Joymalya Bagchi raised concerns about the commercial exploitation of personal data, noting that user data is often used for targeted advertising. The Court indicated its intention to examine how data is “rented out” and how behavioural trends are monetised by the platforms.
As per Bar and Bench, the Solicitor General of India, Tushar Mehta, supported the Court’s concerns, stating that personal data is not only sold but also commercially exploited. The Court was informed that the Digital Personal Data Protection Act, 2023, provides a framework for data protection, but the bench noted that the Act is yet to be fully enforced at the end of proceedings.
The Supreme Court has directed Meta and WhatsApp to provide an undertaking that user data will not be shared without explicit consent. The matter has been adjourned for further hearing, with the Central government impleaded as a party to the proceedings as details emerged.
Note: This article is produced using AI-assisted tools and is based on publicly available information. It has been reviewed by The Quint's editorial team before publishing.