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The apex court said that technology giants cannot “play with the right to privacy of citizens
New Delhi: The Supreme Court on Tuesday delivered a strong message to WhatsApp and its parent company Meta Platforms Inc., asserting that citizens’ right to privacy cannot be compromised under the pretext of data sharing.
The observations came during the hearing of appeals filed by the tech giants against a Competition Commission of India (CCI) order that imposed a penalty of ₹213.14 crore over alleged abuse of dominance linked to WhatsApp’s privacy policy.
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A bench comprising Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, was examining challenges to a National Company Law Appellate Tribunal (NCLAT) ruling. The NCLAT had largely upheld the CCI’s findings while granting limited relief to Meta and WhatsApp concerning advertising-related data sharing.
During the proceedings, the court made it clear that commercial interests cannot override fundamental rights, particularly the right to privacy guaranteed to Indian citizens.
The bench cautioned that technology platforms cannot “play with the right to privacy of citizens in the name of data sharing.” Emphasising the seriousness of the issue, the Chief Justice stated that no data even in the smallest form can be shared unless the companies provide a clear undertaking assuring compliance with privacy safeguards.
The court warned that failure to submit such an undertaking could prompt judicial intervention through formal orders restricting data sharing practices.
The Supreme Court also flagged concerns over the way privacy policies are drafted by large technology companies. It observed that such terms are often designed in a manner that makes them difficult for ordinary users to comprehend, effectively limiting informed consent.
Describing this practice as deeply problematic, the bench noted that citizens may unknowingly surrender sensitive personal information without fully understanding the implications.
In a significant direction, the apex court ordered that the Ministry of Electronics and Information Technology (MeitY) be added as a party to the ongoing proceedings. The move highlights the broader regulatory and policy implications of the case, which extends beyond corporate disputes to national data governance standards.
The Supreme Court indicated that it is likely to pass an interim order in the matter on February 9. Until then, the court signalled that it would closely scrutinise any data-sharing practices that could potentially infringe upon citizens’ privacy rights.
The case is being closely watched, as it could set important precedents for how global technology firms operate in India’s rapidly evolving digital ecosystem.
