The Supreme Court came down heavily on Meta and WhatsApp over the app’s 2021 privacy policy, saying Indian users’ data cannot be misused for business gains. The judges made it clear that privacy is a constitutional right and no foreign company can take it lightly. The court was hearing a case linked to a fine imposed on WhatsApp by the Competition Commission of India.
It questioned whether common people can even understand such complex policies and warned against exploiting Indian users in any way.
Supreme Court Questions WhatsApp Privacy Policy & Data Sharing
While hearing the case, the Supreme Court openly criticised WhatsApp’s privacy policy and how user data may be shared for commercial purposes.
The issue goes back to WhatsApp’s 2021 policy update, which led the Competition Commission of India (CCI) to impose a Rs 213 crore fine. This fine was later upheld by a company law tribunal.
The court said companies like Meta and WhatsApp cannot treat Indian user data casually. The judges asked whether a poor vendor, a rural user, or someone who only speaks a regional language would truly understand such policies.
The bench pointed out that even educated people struggle to read and understand privacy policies. So, expecting millions of ordinary users to give “informed consent” is unrealistic.
The court said unclear opt-out options and complicated terms raise serious concerns and may lead to misuse of personal information.
Government Slams Meta Over User Privacy & Advertising Data
The government strongly opposed WhatsApp’s data-sharing practices. Solicitor General Tushar Mehta told the court that the policy allows user data to be used for commercial and advertising purposes, which he called unfair and exploitative.
The Chief Justice reportedly said that if companies cannot respect the Indian Constitution, they should not operate in the country. The court also raised concerns about targeted advertising.
One example shared was how users start seeing ads related to private conversations, such as health discussions with doctors, soon after chatting on WhatsApp.
Lawyers representing Meta and WhatsApp argued that all messages are protected by end-to-end encryption and that the company cannot read them.
However, the court was not fully convinced. It said privacy concerns go beyond message content and include data patterns, usage information, and advertising links.
This case shows that India is taking a tougher stand on Big Tech companies. The Supreme Court sent a clear message: user privacy cannot be compromised, and Indian laws must be followed strictly.
