SC bars WhatsApp from sharing user data with Meta, calls it “theft of personal information”

The Supreme Court on Tuesday came down heavily on WhatsApp over its data-sharing practices with parent company Meta, calling it a “decent way of committing theft of personal information”. The court made it clear that it would not permit the exploitation of personal data of even a single Indian citizen and restrained WhatsApp from sharing any user data with Meta or any third party for now.

A bench led by the Chief Justice of India, while hearing appeals related to WhatsApp’s 2021 privacy policy, rejected the company’s defence that users were given an option to opt out of data sharing. The court observed that the opt-out mechanism was highly technical and practically incomprehensible for ordinary users, effectively forcing them to part with personal data.

The bench also dismissed the argument that WhatsApp is a free service, noting that users pay with their data. It expressed concern not only over privacy violations but also over behavioural tracking, monetisation and targeted advertising, saying commercial ventures cannot operate at the cost of citizens’ fundamental rights.

Recording that Meta had already deposited the penalty amount imposed earlier, the court directed that the money cannot be withdrawn until further orders. It also impleaded the Ministry of Electronics and Information Technology as a party and fixed the matter for further hearing, making it clear that any relief would depend on a complete halt to data sharing.