New Delhi, Feb 3 (NationPress) The Supreme Court raised significant concerns regarding WhatsApp's 2021 privacy policy and the user data sharing practices by its parent company, Meta Platforms. The court emphasized that the platform must not be permitted to "manipulate the right to privacy" of Indian users.

This statement came during a session led by Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi, who were deliberating on appeals from Meta Platforms and WhatsApp LLC against a National Company Law Appellate Tribunal (NCLAT) ruling that upheld a Rs 213.14 crore fine imposed by the Competition Commission of India (CCI).

The CCI has also lodged a cross-appeal disputing the NCLAT's decision that permitted WhatsApp to share user data for advertising ventures.

In agreeing to hear the appeals, CJI Kant’s Bench made pointed comments about WhatsApp’s privacy policy, characterizing it as a "take it or leave it" model that offers consumers little genuine choice.

"What choice do you really provide? You have a complete monopoly, and you're claiming to offer options. It's either leave WhatsApp or allow us to share your data," the apex court noted.

Throughout the proceedings, the Bench repeatedly raised alarms about the equity of the privacy policy, particularly for everyday users.

"Will a poor woman selling fruits on the street grasp the terms of your policy? The language is so artfully constructed that even some of us might struggle to comprehend it," the Supreme Court remarked.

Labeling the alleged data practices as troubling, the Supreme Court stated: "This is a refined method of stealing private information. The right to privacy in this nation cannot be treated lightly. You are undermining the essence of constitutionalism."

Concerns were also raised about targeted advertisements appearing shortly after personal communications, while WhatsApp maintained that its messaging services are end-to-end encrypted and that it cannot access user conversations.

Solicitor General Tushar Mehta, representing the Centre, echoed the apex court's worries, asserting that today, personal data holds significant monetary value and is being exploited commercially.

Following an in-depth hearing, the CJI Kant-led Bench instructed Meta and WhatsApp to submit an affidavit explaining their privacy policy and data-sharing procedures, including how user consent is obtained and communicated. The apex court also included the Union government as a participant in the proceedings. Further hearings are scheduled for next week.