Supreme Court slams Meta, WhatsApp over privacy policy violations

The Supreme Court on Tuesday came down heavily on Meta Platforms Inc and WhatsApp while hearing their appeals against a Competition Commission of India order imposing a penalty of Rs 213.14 crore over the privacy policy, saying tech giants cannot “play with the right to privacy of citizens in the name of data sharing”.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said that it will pass an interim order on February 9. The top court ordered that the Ministry of Electronics and Information Technology be made a party to the petitions.

It was hearing appeals filed by Meta and WhatsApp against a National Company Law Appellate Tribunal (NCLAT) judgment that upheld the CCI’s findings of abuse of dominance, while granting limited relief on advertising-related data sharing.

"You can't play with the right of privacy of this country in the name of data sharing. We will not allow you to share a single word of the data, either you give an undertaking...you cannot violate the right of privacy of citizens,” the CJI said.

The bench said the right to privacy is zealously guarded in the country and noted that the privacy terms are “so cleverly crafted” that a common person cannot understand them.

“This is a decent way of committing theft of private information, we will not allow you to do that... You have to give an undertaking otherwise, we have to pass an order,” the CJI said.