Supreme Court Slams WhatsApp Over 'Thieving' Privacy Practices: Citizens' Rights Protected

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The Supreme Court has come down heavily on WhatsApp and its parent company Meta, expressing concerns over user data sharing and the tech giant's alleged disregard for citizens' right to privacy. In a stern warning, the court asserted that citizens' privacy rights cannot be compromised under the guise of technology or business practices. During a hearing on Tuesday, the top court questioned WhatsApp's argument on user consent and opt-out mechanisms, calling it a 'cleverly crafted policy' designed to deceive users. The court observed that the privacy terms of major technology companies are so complex that citizens cannot understand them, and that the practice of sharing user data without consent is tantamount to 'theft of private information'. The court's remarks came while hearing pleas by WhatsApp and Meta challenging a Competition Commission of India (CCI) order that imposed a penalty on the tech giants for their 'take it or leave it' privacy policy. The policy update in 2021 had triggered regulatory scrutiny over how user data was being handled and shared within the Meta group. The National Company Law Appellate Tribunal (NCLAT) had earlier upheld the CCI's penalty of ₹213.14 crore on WhatsApp and Meta for abusing their dominant market position through the policy change. The tribunal found that the policy imposed unfair and exploitative conditions on users, leaving them with no real choice but to accept data sharing with Meta entities. In its latest move, the Supreme Court has made the Ministry of Electronics and Information Technology (MeitY) a party to the proceedings and has scheduled interim orders for February 9. The court's sharp criticism of WhatsApp's privacy practices is a significant development in the ongoing debate over data privacy and the rights of citizens in the digital age.