The Supreme Court of India has delivered a stern warning to WhatsApp and its parent company Meta, declaring that Indian citizens’ privacy cannot be compromised for commercial gain. The apex court upheld a ₹213 crore penalty imposed by the Competition Commission of India (CCI) and cautioned the tech giants against exploiting user data through their 2021 privacy policy.
WhatsApp–Meta Privacy Clash: Supreme Court’s Landmark Rebuke
Background
In 2021, WhatsApp updated its privacy policy, allowing data sharing with Meta-owned companies.This triggered widespread concern over forced consent and market dominance abuse, leading the CCI to impose a ₹213.14 crore penalty.
Meta and WhatsApp challenged the penalty before the NCLAT, which upheld the fine. The matter then reached the Supreme Court.
Supreme Court’s Observations
Privacy is a constitutional right: The court emphasized that Indian citizens’ personal data cannot be treated as a transferable commercial asset.“Take it or leave it”
policies are exploitative:
Users were forced to accept terms or lose access, which the court likened to “a decent way of committing theft.”
Ultimatum to Meta & WhatsApp: The bench warned, “Leave India if you can’t protect privacy.”
Reference