Supreme Court warns WhatsApp, Meta; says 'Won't allow you to violate citizens' privacy rights'

New Delhi: The Supreme Court on Tuesday warned Whatsapp and it's parent company Meta over it's privacy policy and said that the court will not not allow them to exploit citizen's personal data and share data for advertising purposes.

What did the top court say?

During the hearing, the bench comprising of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi reprimanded the US company, saying, "You can't play with privacy...We will not allow you to share a single word of user data. These things must be very clear. If you are ready to give an affidavit, an undertaking from your management, that is fine. Otherwise, we will dismiss it. There is no question of sharing data."

The court further said that the WhatsApp has created a monopoly which has left the customers with no options.

"You are making a mockery of the constitutionalism of this country. We will dismiss it right away. How can you play with the right of privacy of people like this? Consumer has no choice, you have created monopoly," the court said.

Solicitor General Tushar Mehta, who was appearing for the government, called the policy "exploitative" for sharing user data for commercial purposes.

To which Justice Surya told the firm, "If you can't follow our Constitution, then leave India. We won't allow any citizen's privacy to be compromised." 

The top court also criticised the policy language, saying that "The language of your policy is such that an ordinary user cannot understand it. What kind of option are you giving? Imagine a street vendor, a poor woman sitting on the street selling fruits. How will she understand your terms and conditions about opting in or opting out?" and further said that that policy is "very cleverly crafted".

The bench has given Meta a week to file the affidavit and further said that the matter will be taken up again next week.

What is the case about?

The Supreme Court was hearing the plea filed by Meta Platforms and WhatsApp LLC regarding WhatsApp's 2021 privacy policy. It was challenging the order of the National Company Law Appellate Tribunal (NCLAT) which upheld a Rs 213.14 crore penalty imposed by the Competition Commission of India (CCI).