'Quit India If You...': SC Raps Meta Over WhatsApp Policy, Says 'Privacy Can't Be Violated For Commercial Gains'

The

Supreme Court on Tuesday expressed serious concern over WhatsApp and Meta’s data-sharing practices while hearing a batch of appeals arising from the Competition Commission of India’s (CCI) order imposing a Rs 213.14 crore penalty on Meta for WhatsApp’s 2021 “take it or leave it” privacy policy. A bench led by Chief Justice of India Surya Kant, while hearing appeals filed by WhatsApp and Meta, as well as a separate appeal by the CCI challenging one of the NCLAT findings, sought an unequivocal undertaking on non-sharing of data to entertain WhatsApp’s appeal against the order.“We will not allow you to share a single piece of information. You can’t play with the right to privacy in this country,” the CJI remarked.

'Decent way of committing theft': SC

Slamming WhatsApp’s data-sharing practices with Meta, the top court compared them to a “decent way of committing theft”. Calling the practice a “mockery of constitutionalism,” the court questioned how consent could be considered valid when users are effectively forced to accept the policy on a “take it or leave it” basis. Justice Joymalya Bagchi observed that what had been held against the companies was that the consent obtained was “manufactured consent.”"You cannot play with the privacy of people. We will send out a clear message. We will not allow you to share a single word of your data. You cannot share data. How can you play with the privacy of people? Data cannot be exploited for commercial consideration. Before the final hearing, give us an undertaking," the top court observed. "We will not allow the right or privacy of citizens to be violated or compromised for your commercial gains.""You are here as a messaging communication service, you are not here to pick data and give it to someone else. We feel, not only in India but across the world, an intensive and innovative oversight over these companies is required. If you can't abide by the laws and constitution of this country, you can quit, leave," it remarked. Meta and WhatsApp have moved the Supreme Court against the NCLAT order that upheld the Competition Commission of India’s penalty of Rs 213.14 crore on Meta for abuse of dominance under competition laws. The appellate tribunal had last year set aside the market regulator’s direction debarring Meta and WhatsApp from sharing user data with other Meta group entities for advertising purposes for five years, but had retained the penalty of Rs 213.14 crore on the company, along with the other directions issued by the CCI.The matter has been adjourned till February 9 for interim directions. A notice has been issued to Centre, Whatsapp, and CCI on the mattr.