New Delhi: The Supreme Court on Tuesday came down heavily on WhatsApp and its parent company Meta over the sharing of user data for targeted advertising, asserting that the privacy rights of Indian citizens cannot be compromised for the business interests of a multinational corporation.
A three-judge Bench led by Chief Justice of India (CJI) Surya Kant, while passing an interim order, observed that it would not permit data sharing that violates the fundamental rights of Indian users. The Court made it clear that compliance with the Constitution of India is non-negotiable for digital platforms operating in the country.
“We will not allow data sharing. We will not allow the rights of Indian citizens to be violated. If you cannot abide by our Constitution, then leave India,” the CJI remarked during the hearing. The Bench sharply criticised WhatsApp’s privacy policy, observing that it appeared to be deliberately structured to mislead users, particularly those from vulnerable sections of society.
The Court noted that an elderly woman, a street vendor, or a person who understands only a regional language such as Tamil, or comes from a rural background, cannot reasonably be expected to comprehend the implications of such complex policy terms. Emphasising the importance of informed consent, the Court held that any dilution of citizens’ privacy rights is unacceptable.
The Bench likened WhatsApp’s data-sharing practices to a “decent way of committing theft,” underscoring the seriousness of the issue. The Court was hearing WhatsApp’s appeal against an order of the National Company Law Appellate Tribunal (NCLAT). The Bench indicated that it would consider entertaining the appeal only if WhatsApp gives an unequivocal undertaking that it will not share users’ data with Meta for advertising or other commercial purposes.
“We cannot allow citizens’ privacy to be compromised for the business interest of a multinational company,” the CJI observed. The Court has stated that it will pass further orders in the matter on February 10
