&imwidth=600&imheight=450&format=webp&quality=medium)
During the proceedings, Solicitor General Tushar Mehta arguing the case described WhatsApp’s data-sharing policy as exploitative and commercially driven.
The Supreme Court came down heavily on Meta over its 2021 privacy policy for WhatsApp. Hearing the appeals filed by Meta Platforms and WhatsApp LLC challenging the judgment of the National Company Law Appellate Tribunal (NCLAT), Chief Justice Surya Kant said, “If you can’t follow our Constitution, then leave India. We won’t allow any the privacy of any citizen to be compromised." The National Company Law Appellate Tribunal (NCLAT) had upheld the ₹213.14 crore penalty imposed by the Competition Commission of India (CCI) over WhatsApp's 2021 privacy policy.
“You can’t play with privacy… we will not allow you to share a single digit of our data," the court further observed.
During the proceedings, Solicitor General Tushar Mehta arguing the case described WhatsApp’s data-sharing policy as exploitative and commercially driven.
He argued that user data was being commercially exploited by being monetised on the pretext of having consent, which is a violation of the Digital Personal Data Protection Act.
To this the Supreme Court replied in agreement saying, “The language of your policy is such that an ordinary user cannot understand it. What kind of option are you giving? Imagine a street vendor — a poor woman sitting on the street selling fruits. How will she understand your terms and conditions about opting in or opting out?".
“The choice is between the lion and the lamb. Either you file an undertaking that there will be no data sharing, or we will dismiss your case," the court said.