SC Warns WhatsApp: Citizens’ Privacy Cannot Be Compromised
New Delhi: The Supreme Court on Tuesday took a firm stand against WhatsApp and its parent company Meta regarding the sharing of user data for targeted advertising, making it clear that the privacy rights of Indian citizens cannot be compromised for the commercial interests of any multinational company.
A three-judge bench, headed by Chief Justice Justice Surya Kant, passed an interim order stating that no data sharing that violates the fundamental rights of Indian users will be permitted. The court emphasized that digital platforms operating in India are bound by the Constitution, and compliance is non-negotiable.
During the hearing, the Chief Justice remarked sharply, “We will not allow data to be shared. We will not let the rights of Indian citizens be violated. If you cannot follow our Constitution, leave India.” The bench criticized WhatsApp’s privacy policy, stating that it appears deliberately designed to confuse users, particularly the vulnerable sections of society.
The court noted that elderly citizens, street vendors, individuals who understand only a regional language like Tamil, or people from rural backgrounds cannot reasonably be expected to comprehend the implications of such complex terms. Emphasizing the importance of informed consent, the court stated that any compromise on citizens’ privacy rights is unacceptable. The bench described WhatsApp’s data-sharing practices as “a civilized way of stealing,” highlighting the seriousness of the matter.
The Supreme Court was hearing WhatsApp’s appeal against an order by the National Company Law Appellate Tribunal (NCLAT). The bench indicated that it would consider the appeal only if WhatsApp provides a clear and unconditional written assurance that users’ data will not be shared with Meta for advertising or any other commercial purpose. The Chief Justice reiterated, “The privacy of citizens cannot be compromised for the business interests of any multinational company.” The court scheduled the next order in the case for February 10.
