Supreme Court of India slams Meta and WhatsApp over 2021 privacy policy, ruling Indian users’ data cannot be misused for business or advertising purposes. Learn about the court’s verdict and its implications for data privacy.
The Supreme Court of India has strongly criticized Meta and WhatsApp for their 2021 privacy policy, emphasizing that Indian users’ data cannot be misused for commercial or advertising purposes. The ruling reinforces that privacy is a fundamental constitutional right, and no foreign company can bypass Indian laws or exploit users.
The court was hearing a case related to the Rs 213 crore fine imposed on WhatsApp by the Competition Commission of India (CCI) for violating data privacy regulations. This fine was subsequently upheld by a company law tribunal, highlighting the seriousness of the issue.
Concerns Over Consent and Understanding
During the proceedings, the Supreme Court questioned whether ordinary Indian users—especially rural vendors or regional language speakers—can fully comprehend complex privacy policies. The judges pointed out that even educated individuals struggle to understand the fine print, making the notion of “informed consent” unrealistic.
The court expressed concern over unclear opt-out mechanisms and convoluted terms that may enable misuse of personal data. It noted that such practices could exploit millions of users, raising ethical and legal red flags.
Government Highlights Exploitative Practices
Solicitor General Tushar Mehta argued before the court that WhatsApp’s 2021 policy allows user data to be leveraged for advertising and commercial purposes. He described this as unfair, exploitative, and potentially damaging to Indian users.
The bench also raised concerns about targeted advertisements appearing based on private user conversations, such as medical consultations, indicating how sensitive user behavior could be monetized.
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Meta and WhatsApp Respond
Lawyers representing Meta and WhatsApp maintained that all messages are end-to-end encrypted, meaning the content of chats cannot be accessed. However, the court noted that privacy concerns extend beyond message content, including metadata, usage patterns, and data used for advertising purposes.
The Supreme Court warned that foreign companies operating in India must fully comply with Indian laws and respect constitutional rights. Chief Justice of India reportedly remarked that companies unable to adhere to these standards should reconsider their operations in the country.
Implications for Big Tech in India
This ruling underscores India’s stricter stance on data privacy and protection. It sends a clear message to global tech companies: Indian users’ privacy is non-negotiable, and any exploitation for business or advertising purposes will face strict scrutiny.
As digital services expand rapidly in India, the judgment reinforces that privacy is a core right, and companies must maintain transparency, fairness, and accountability while handling user data.
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