SC slams WhatsApp over data sharing with Meta, calls it ‘theft’ of personal info| India News
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**Rephrased Title:** "Supreme Court Slams WhatsApp, Calls Data Sharing with Meta 'Theft' of Personal Info" **Rephrased Article:** The Supreme Court has sent a strong message to WhatsApp and its parent company, Meta Platforms, saying it will not tolerate the exploitation of personal data of Indian citizens. In a stern warning, the court called data sharing between WhatsApp and Meta "a decent way of committing theft of private information." The court was hearing a batch of appeals and cross-appeals filed by WhatsApp, Meta, and the Competition Commission of India (CCI) against the National Company Law Appellate Tribunal's (NCLAT) order upholding a ₹213.14 crore penalty over WhatsApp's 2021 privacy policy. Meta had already paid the full penalty, subject to the outcome of the appeal. The court rejected WhatsApp's argument that users were given a choice to "opt out" of data sharing with Meta, saying the opt-out policy was highly technical and difficult for most citizens to understand. The court pointed out that consumers were effectively forced to share their personal data, and that WhatsApp had created a monopoly. "We will not allow you to share a single word of data with Meta or anyone else," the court said. "You are making a mockery of the constitutionalism of this country. We will dismiss it right away. How can you play with the right of privacy of people like this?" The court also rejected Meta's claim that WhatsApp is a free service, observing that users "pay" with their data. "Our data is the hidden charge for your product," the court said. The court flagged a larger concern beyond privacy - behavioural exploitation and monetisation. "Every silo of data has value. We are not only concerned with privacy, but with how behaviour is tracked, analysed and used for targeted advertising," the court said. The court directed that the money Meta paid as a penalty cannot be withdrawn until further orders. It also restrained WhatsApp from sharing any user data in the meantime. The court impleaded the Ministry of Electronics and Information Technology (MeitY) as a party to the proceedings and posted the matter for further hearing. This development comes after Meta and WhatsApp challenged the NCLAT ruling that upheld a ₹213.14 crore penalty imposed by the CCI over WhatsApp's 2021 privacy policy. The CCI had held that WhatsApp had abused its dominant position under the Competition Act, 2002, by forcing users to accept a "take-it-or-leave-it" policy that expanded data sharing with Meta as a condition for continued access to the messaging service.
