New Delhi: The Supreme Court on Tues- day sent a strong message to Meta and WhatsApp, asserting that citizens’ right to privacy cannot be violated or monetised.
The Court was hearing Meta’s appeal against a National Company Law Appellate Tribunal (NCLAT) order upholding a 213.14 crore penalty imposed by the Competition Commission of India (CCI) over WhatsApp’s 2021 privacy policy.
A three-judge Bench led by Chief Justice of India Surya Kant said user data cannot be shared “even a single word” for commercial consideration. The CJI remarked that WhatsApp was making a mockery of constitutional values, likening its actions to a “decent way of committing theft”.
The Bench underlined that WhatsApp is a messaging service, not a data collection or data-sharing platform, and cannot collect users’ data for sharing with third parties.
The Court also flagged the absence of real user choice, noting WhatsApp’s dominant market position and questioning how meaningful consent can be obtained under a “take-it-or-leave-it” privacy policy. The CJI observed that many users— particularly the elderly, rural citizens, or those unfamiliar with English—may not fully comprehend such policies.
Stressing that informed consent and the right to privacy are non-negotiable, the Court directed Meta and WhatsApp to file a clear af- fidavit undertaking that user data will not be shared. It warned that the appeal could be dismissed if such an assurance is not provided.
The matter has been listed for further hearing on February 9 for interim directions. On a joint request by senior counsels, the Union of India has been impleaded as a party and permitted to file a counter affidavit. Orders are likely to be passed by the CJI-led Bench on February 10.
