New Delhi— The Supreme Court on Tuesday came down strongly on Meta Platforms Inc and WhatsApp while hearing their appeals against a Competition Commission of India (CCI) order that imposed a penalty of ₹213.14 crore over the companies’ privacy policy, observing that technology giants cannot compromise citizens’ right to privacy under the pretext of data sharing.
A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, said the court would pass an interim order on February 9. The bench also directed that the Ministry of Electronics and Information Technology be impleaded as a party in the matter.
The court was examining appeals filed by Meta and WhatsApp challenging a National Company Law Appellate Tribunal (NCLAT) ruling that upheld the CCI’s findings of abuse of dominant position. While the NCLAT had provided limited relief related to advertising-linked data sharing, it largely affirmed the competition watchdog’s conclusions.
During the hearing, the Chief Justice underscored that the right to privacy enjoys strong constitutional protection in India. He cautioned the companies against any form of data sharing that infringes upon citizens’ privacy, stating that the court would not permit even minimal misuse of personal data without proper safeguards.
The bench also took note of the complexity of the privacy terms, remarking that such policies are drafted in a manner that makes them difficult for an average user to fully comprehend. The court observed that this imbalance places ordinary citizens at a disadvantage while consenting to data-sharing arrangements.
In sharp remarks, the Chief Justice described the alleged misuse of personal data as an unacceptable practice and indicated that the companies would be required to give a clear undertaking to ensure that users’ privacy rights are not violated. Failing that, the court said it would be compelled to pass appropriate orders to protect citizens’ interests.
The matter will now be taken up again on February 9, when the Supreme Court is expected to issue its interim directions.
