Supreme Court Raises Alarm Over WhatsApp’s Data-Sharing And Privacy Practices

On Tuesday, the Supreme Court expressed serious apprehension regarding WhatsApp’s 2021 privacy policy and the sharing of user data by Meta Platforms. The bench, led by Chief Justice of India (CJI) Surya Kant along with Justices Joymalya Bagchi and Vipul Pancholi, emphasised that authorities cannot treat Indian users’ right to privacy lightly.

The remarks came as the court heard appeals by Meta and WhatsApp challenging a National Company Law Appellate Tribunal (NCLAT) order, which had upheld a Rs 213.14 crore penalty imposed by the Competition Commission of India (CCI).

In parallel, the CCI filed a cross-appeal questioning NCLAT’s decision allowing WhatsApp to share data for advertising purposes.

The bench criticised WhatsApp’s privacy policy, describing it as a ‘take it or leave it’ arrangement that leaves users with no real choice. “What choice do users have? You hold a complete monopoly, yet claim to offer options. Either leave WhatsApp, or we will share your data,” the court remarked.

Judges repeatedly questioned whether ordinary users can comprehend the policy’s complex language. “A street vendor selling fruits — will she understand these terms? The wording is crafted so cleverly that even some of us may struggle to grasp it,” the apex court said.

Data-Sharing Practices Deemed Problematic

The court also highlighted concerns over targeted advertisements appearing shortly after private communications, terming such practices “a decent way of committing theft of private information.” “You cannot treat privacy as a joke. This makes a mockery of constitutional principles,” the judges observed.

Although WhatsApp maintained that its messages are end-to-end encrypted and that the company cannot read them, Solicitor General Tushar Mehta supported the court’s apprehensions and pointed to the growing commercial value of personal data.

After hearing arguments, the CJI-led bench instructed Meta and WhatsApp to submit an affidavit detailing their privacy policy, data-sharing mechanisms, and procedures for obtaining user consent. The court also added the Union government as a party and scheduled further hearings for next week.

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