In a blistering rebuke to Big Tech, the Supreme Court of India today warned Meta and its messaging subsidiary, WhatsApp, that it would not tolerate any “play with the right of privacy” of Indian citizens. Hearing Meta’s appeal against a Competition Commission of India (CCI) penalty, a bench led by Chief Justice Surya Kant signaled a zero-tolerance approach toward exploitative data practices.
The Court has issued notice on the plea and impleaded the Union of India as a respondent. The Centre has been asked to file a counter-affidavit. The matter is posted for next Monday for the consideration of interim directions.
The Monopoly “Trap”
The apex court took sharp exception to WhatsApp’s “take it or leave it” privacy update. “You have built a monopoly and now you are saying consumers have a choice?” CJI Surya Kant questioned, dismissing the company’s defense.
The Court characterized the policy as a deceptive ultimatum, noting it was “cleverly crafted” to mislead the average citizen-from roadside vendors to rural users who may not understand the complex legal intent behind the fine print.
Data as a Taxable Asset
The hearing took a significant turn when Solicitor General Tushar Mehta, appearing for the Centre, argued that personal data carries immense monetary value.
“The data available in my personal life has a monetary value,” Mehta stated, noting that in Europe, the sharing of personal data is even taxable. Justice Bagchi further prompted an examination of the DPDP Act, comparing India’s stance to the EU’s focus on the intersection of privacy and economic value.
Ultimatum
The Supreme Court’s warning escalated to a sovereign imperative, with the CJI stating, “Exit India if you can’t abide by our Constitution.”
The Bench made it clear that “not a single digit” of user data should be shared against the public interest.
Current Legal Status:
The Penalty: Meta is challenging a Rs 213.14 crore fine upheld by the NCLAT for abusing its dominant position.
SC Action: The Court has issued notice on the plea and impleaded the Union of India as a respondent.
Next Steps: The Centre has been asked to file a counter-affidavit. The matter is posted for next Monday for the consideration of interim directions.
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