SC Warns Meta on WhatsApp Data Sharing for Ads, Raises Privacy Concerns

On February 3, the Supreme Court strongly cautioned Meta Platforms, a multinational technology corporation, and its messaging service WhatsApp. SC stated that, according to WhatsApp's privacy policy for 2021, they are not permitted to disclose user data for advertising reasons. Meta was informed that the continuation of the sharing of WhatsApp user data for advertising would not be tolerated by a bench consisting of the Chief Justice, Justice Joymalya Bagchi, and Justice Vipul Pancholi.

SC Gives a Stringent Warning to Meta

Meta is required by the court to submit an affidavit in which it promises categorically that it will not exploit WhatsApp user data for marketing objectives. SC cautioned that the dismissal of its lawsuit might occur from a failure to comply. Having said that, the court has not yet issued any negative ruling. Concerns about privacy and competition arose in India as WhatsApp's 2021 policy permitted the take-it-or-leave-it exchange of user data with parent firm Meta.

This data included phone numbers, device information, and interactions with business accounts. Competition Commission of India (CCI) investigators looked into the policy and fined the company for abuse of a dominating position because of these worries. According to the Chief Justice, the Supreme Court would not let Meta divulge any information at all. A resounding message must be sent; Meta must not trifle with the rights of this nation.

The chief justice went on to say that Meta cannot use data sharing as an excuse to violate India's right to privacy. The concept of constitutionalism is being ridiculed. SC asked that the customers pay Meta to do this. Customers are stuck with the brand since it has established a monopoly.

Meta is Playing with People’s Mind: SC

The court was also very critical of how Meta worded its opt-in and opt-out options. The policy language, according to SC, was not understandable by the general public. An average user will have a hard time understanding the company's policies due to their complex terminology. Meta is offering what kind of option? Picture a homeless woman sitting on the pavement selling fruit to passers-by.

In what ways will the company's policies on opting in and out be explained to her? The bench granted the plea and asked Meta and WhatsApp to submit an affidavit outlining how they share data. It then stated that it would revisit the case on 9 February before making any more instructions. The ministry of electronics and information technology was also ordered to be joined as a party to the action by the court.