New Delhi, Feb 3: In a stinging rebuke to global tech giants, the Supreme Court on Tuesday told Meta Platforms Inc and WhatsApp that they cannot “play with the right to privacy of citizens in the name of data sharing” and alleged that they were creating a monopoly in the market and committing theft of private information of customers.
Decrying WhatsApp’s privacy police, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi referred to “silent customers” who are unorganised, digitally dependent and unaware of the implications of data-sharing policies, and asserted, “We will not allow the rights of any citizen of this country to be damaged.”
The top court was hearing the appeals of the tech giants against a Competition Commission of India (CCI) order imposing a penalty of Rs 213.14 crore over the privacy policy.
Emphasising the constitutional right to privacy, the CJI cautioned the companies against treating Indian users’ data as a transferable commercial asset.
On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) set aside a section of a CCI order that had banned the instant messaging app from sharing data with Meta Platforms for advertising purposes for five years, but retained a Rs 213-crore penalty on the social media platform.
Later, the NCLAT clarified that its order in the WhatsApp matter on privacy and consent safeguards also applies to user data collection and sharing for non-WhatsApp purposes, including non-advertising and advertising.
The top court said that it will pass an interim order on February 9. (PTI)
