In a high-stakes battle over digital privacy, India’s Supreme Court will on Monday examine petitions from Meta and WhatsApp challenging the CCI’s 213.14 crore rupee fine linked to WhatsApp’s privacy policy. The penalty accuses the messaging app of breaching competition laws through data-sharing mechanisms with Meta.
Presided over by CJI Justice Suryakant with Justices Joymalya Bagchi and Vipul M Pancholi, the bench previously lambasted the companies on February 3. ‘You can’t play with privacy in the name of data sharing,’ the court stated, accusing them of building monopolies and misusing personal information.
Central to the dispute is WhatsApp’s policy that raised alarms about user data flowing to Meta, affecting billions. The judges pointed to ‘silent customers’—unorganized sector workers and digital novices blindsided by fine print on data consent. They vowed unyielding protection of fundamental rights.
The saga began with CCI’s directive fining WhatsApp for policy violations. NCLAT intervened on November 4, scrapping the ad-data sharing prohibition for five years but sustaining the fine. It extended privacy safeguards to all data uses, ad or otherwise.
Earlier, the top court planned an interim directive for February 9, roping in the IT Ministry. Monday’s hearing will cover not just the tech firms’ pleas but CCI’s counter-appeal against NCLAT’s ad-sharing leniency.
As India fortifies its data sovereignty amid global tech tensions, this verdict could reshape app policies and enforcement. Legal experts predict a nuanced ruling prioritizing user consent without stifling business growth.