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Supreme Court cautions WhatsApp and Meta over user privacy and data sharing

Raising serious concerns over digital privacy, the Supreme Court has issued a strong warning to WhatsApp and its parent company, Meta, stating that user data protection cannot be compromised for technology or commercial gains.

During a hearing on Tuesday, the apex court underlined that the right to privacy of Indian citizens must remain paramount. A bench led by Chief Justice Surya Kant, along with Justice Joymalya Bagchi, firmly reprimanded the US-based company over its data-sharing practices.

“You cannot play with privacy… we will not allow you to share even a single digit of our data,” the bench said, making it clear that any misuse or exploitation of Indian user data would not be tolerated.

The court also sent a clear message to global technology firms operating in India, stressing that compliance with Indian laws is non-negotiable. The warning came in the context of concerns that user information could be shared in ways that undermine privacy safeguards.

The hearing relates to WhatsApp’s 2021 “take it or leave it” privacy policy, which had triggered widespread debate and regulatory scrutiny. It also follows the company law tribunal’s decision to uphold the Competition Commission of India’s penalty of Rs. 213 crore imposed on WhatsApp for unfair practices linked to data sharing.

The Supreme Court reiterated that business interests cannot override fundamental rights. It emphasised that the growth of digital platforms must go hand in hand with accountability and respect for user privacy.

The strong observations from the bench signal a tougher stance by the judiciary on data protection issues, especially as digital services continue to play a larger role in everyday life in India.

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