New Delhi, Feb 22 (NationPress) The Supreme Court is set to hear on Monday the appeals submitted by Meta Platforms and WhatsApp LLC contesting a ruling from the National Company Law Appellate Tribunal (NCLAT) that sustained a ₹213.14 crore fine levied by the Competition Commission of India (CCI) concerning the messaging platform's 2021 privacy policy and data-sharing practices.

According to the causelist published on the Supreme Court's official site, this case has been scheduled for discussion before a Special Bench comprising Chief Justice of India (CJI) Surya Kant along with Justices Joymalya Bagchi and Vipul M. Pancholi on February 23 at 2 p.m.

Previously, CJI Kant's Bench had voiced significant concerns regarding WhatsApp's 2021 privacy policy and the data-sharing practices of its parent company, Meta Platforms, asserting that the platform should not be permitted to “play with the right to privacy” of Indian users.

The apex court had made these remarks while addressing the appeals filed by Meta Platforms and WhatsApp LLC against the NCLAT ruling that confirmed the CCI's penalty on WhatsApp for abusing its dominant position through updated privacy terms introduced in 2021.

The CCI has also lodged a cross-appeal challenging the NCLAT's decision to allow WhatsApp to share user data for advertising purposes.

Upon agreeing to consider the appeals, the CJI-led Bench made pointed comments about the nature of the privacy policy, characterizing it as a “take it or leave it” situation that offers consumers no real choice.

“What is the choice? You have a complete monopoly in the market, and you are saying you are giving a choice. It is either you walk out of WhatsApp, or we will share your data,” the apex court had stated.

Raising issues about the implications for regular users, the CJI-led Bench repeatedly questioned the equity of the privacy policy, stating: “A poor woman selling fruits on the street -- will she comprehend the terms of your policy? The language is so cleverly drafted that even some of us may not grasp it.”

Describing the alleged data practices as profoundly concerning, the Supreme Court further noted: “This is a decent way of committing theft of private information. You cannot play with the right to privacy of this country. You are trivializing constitutionalism.”

It also highlighted concerns regarding targeted advertising appearing shortly after personal communications, even as WhatsApp insisted its messaging services are end-to-end encrypted and that it cannot access user conversations.

Solicitor General Tushar Mehta, representing the Centre, supported the apex court's worries, asserting that personal data today holds substantial monetary value and is increasingly subject to commercial exploitation.

The CJI-led Bench directed Meta and WhatsApp to submit an affidavit detailing their privacy policy framework and data-sharing practices, including how user consent is acquired and communicated. The Union government was also included as a participant in the proceedings.