The Supreme Court took a strong stance on WhatsApp and Meta's privacy policies, calling them exploitative and misleading. CJI Surya Kant bluntly stated that if the companies cannot respect the Constitution and citizens' privacy, they should leave India.

The Supreme Court strongly reprimanded the social media platform WhatsApp and its parent company, Meta. A hearing was held in the Supreme Court on Tuesday regarding WhatsApp's 2021 privacy policy. At the outset, Solicitor General Tushar Mehta, representing the central government, argued that WhatsApp's privacy policy is "exploitative" because it not only shares user data but also uses it for commercial purposes.

Chief Justice of India (CJI) Surya Kant responded sternly, "If you can't follow our Constitution, then leave India. We won't allow any citizen's privacy to be compromised."

WhatsApp's policy is misleading: CJI

The CJI described WhatsApp's privacy policy as a very cleverly drafted document. He said, "Your policy is such that a poor elderly woman, a roadside vendor, or a woman who only speaks Tamil—will she be able to understand your intentions?

How will a person from Bihar understand?

The CJI further said, "You are here to provide services, not to collect and share data. Sometimes even we have difficulty understanding your policies—so how will people living in rural Bihar understand them?" The CJI clarified that the court will not accept any compromise on user privacy and informed consent.

Court's concern over data-advertising: 'When you ask for a medicine, drug advertisements appear'

During the hearing, CJI Surya Kant, citing a personal example, said, "A doctor sends three medicines on WhatsApp and within five minutes there is a flood of advertisements related to the same medicine."

Justice Joymalya Bagchi also expressed serious concern

During the hearing, Justice Joymalya Bagchi also expressed serious concern, stating that the DPDP Act only addresses privacy, but here we are concerned about the behavioral tendencies of users. You are exploiting people's digital footprints for online advertising. Such companies need intensive and innovative oversight worldwide.

WhatsApp's side

WhatsApp's lawyer told the court that the company had aligned its privacy policy with other countries. Despite this, the Supreme Court issued notices to all parties and ordered the case to be heard before a three-judge bench.

Fines and legal battles

In November 2024, the Central Commission of Inquiry (CCI) imposed a fine of ₹213 crore on WhatsApp, finding its privacy policy a violation of competition law. It alleged that WhatsApp abused its dominant position and forced users to accept the new policy. The NCLAT (January 2025) overturned the "abuse of dominance" finding but upheld the ₹213 crore fine. Challenging this contradiction, Meta has approached the Supreme Court.

The Supreme Court has issued notices to all parties in the case, granting them time to file affidavits. The next hearing will be on February 9th.

PC:NDTVINDIA