SC questions WhatsApp policy of sharing data with Meta

The Supreme Court on Tuesday expressed serious concern over WhatsApp's 2021 privacy policy and the sharing of user data by its parent company Meta Platforms, observing that the platform cannot be allowed to “play with the right to privacy” of Indian users.

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The court's remark came as a bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi was hearing appeals filed by Meta Platforms and WhatsApp LLC against a National Company Law Appellate Tribunal (NCLAT) order, which had upheld a Rs 213.14 crore penalty imposed by the Competition Commission of India (CCI).

The CCI has also filed a cross-appeal challenging the NCLAT decision insofar as it allowed WhatsApp to share user data for advertising purposes.

Agreeing to admit the appeals, the CJI Kant-led Bench made sharp observations on the nature of WhatsApp's privacy policy, describing it as a “take it or leave it” arrangement that leaves consumers with no real choice.

“What is the choice? You have complete monopoly in the market, and you are saying you are giving a choice. It is either you walk out of WhatsApp, or we will share your data,” the apex court remarked.

During the hearing, the CJI-led Bench repeatedly flagged concerns about the fairness of the privacy policy, particularly for ordinary users.