New Delhi: The Supreme Court of India is set to hear on Monday petitions filed by Meta Platforms Inc. and WhatsApp challenging a ₹213.14 crore penalty imposed by the Competition Commission of India (CCI) over their privacy policy.
The matter will be taken up by a Bench led by Chief Justice of India Surya Kant. During an earlier hearing on February 3, the court made strong observations regarding user privacy and data sharing practices.
“You cannot play with the right to privacy of citizens of this country in the name of data sharing. We will not allow you to share a single word of the data,” the Bench had remarked, warning that it would pass appropriate orders if necessary.
The court had raised concerns over the absence of a clear opt-out mechanism for WhatsApp users regarding the revised privacy policy. It questioned how users could exercise their rights if they were not adequately informed or provided with an accessible option to refuse consent.
Appearing for Meta and WhatsApp, senior advocates Mukul Rohatgi and Akhil Sibal informed the court that the penalty amount had already been deposited.
Meanwhile, the CCI has also approached the apex court challenging an order of the National Company Law Appellate Tribunal (NCLAT), which permitted Meta and WhatsApp to share user data for advertising purposes.
Solicitor General Tushar Mehta submitted before the Bench that personal data was not only being sold but also commercially exploited. The court questioned the practicality of opting out, asking how ordinary users would be made aware of such an option and whether it was meaningfully accessible.
Describing users as largely unaware and digitally dependent, the court stressed that it would not allow the rights of citizens to be compromised. It also directed that the Centre be made a party to the proceedings and asked the government to file an affidavit clarifying its position on the issue.
The Bench has indicated that it may consider interim directions and reiterated that no user data sharing would be permitted without adequate safeguards.
