SC raps Meta, WhatsApp over 2021 privacy policy; says 'you can't play with privacy of citizens'

The Supreme Court on Tuesday strongly criticised Meta Platforms and its messaging service WhatsApp over the 2021 privacy policy, making it clear that the right to privacy of Indian citizens cannot be compromised for commercial gains, reported PTI.Hearing a batch of appeals related to the Competition Commission of India’s (CCI) action against WhatsApp, the top court took exception to the platform’s “take-it-or-leave-it” approach, under which users were compelled to accept expanded data-sharing terms with Meta in order to continue using the service.A three-judge bench observed that private data cannot be monetised at the cost of constitutional rights and warned that companies operating in India must strictly adhere to the country’s legal framework. “You cannot play with the privacy of our citizens. If you want to do business here, you must follow the Constitution,” the court remarked, sending a clear message to global technology companies, as per PTI report.Policy forced users into consentWhatsApp’s 2021 policy update removed earlier opt-out options and mandated data sharing with Meta’s ecosystem, including Facebook and Instagram. The CCI later ruled that the policy amounted to an abuse of dominant market position, arguing that users had no meaningful choice but to accept the terms if they wished to continue using the platform.The regulator imposed a penalty of Rs 213.14 crore on WhatsApp and also ordered restrictions on data sharing for a period of five years. While the National Company Law Appellate Tribunal later stayed some of the operational restrictions, it upheld the fine, acknowledging concerns around user consent and competition.Court flags surveillance and targeted adsDuring the hearing, the Supreme Court expressed concern over how user data could be used for behavioural profiling and targeted advertising. The bench noted instances highlighted in court where individuals reportedly received advertisements linked to sensitive personal conversations, raising serious questions about the boundary between private communication and commercial exploitation.The judges also questioned the validity of consent obtained through complex terms that ordinary users — including small traders, rural users and first-time internet adopters — may not fully understand.Privacy vs big tech monetisationThe court emphasised that consent obtained through coercive policies cannot be treated as informed or voluntary. It underscored that messaging platforms enjoy deep access to personal lives and must therefore be held to higher standards of accountability.As an interim measure, the Supreme Court restrained WhatsApp from sharing user data with Meta or third parties until further orders, signalling its firm stance on safeguarding digital privacy.The case is being closely watched as it could set a landmark precedent on how global technology firms handle user data in India, reinforcing the principle that privacy is a fundamental right not a negotiable business asset.