Highlights
- CJI Surya Kant calls data sharing practices "decent way of committing theft of private information".
- Court questions efficacy of privacy policy for ordinary citizens including fruit sellers and domestic workers.
- Meta and WhatsApp ordered to file affidavits explaining activities before next hearing on Monday.
The CCI's cross appeal challenged the NCLAT's order allowing Meta and WhatsApp to share users' data for advertising purposes, after the tribunal found no abuse of dominance.
Senior advocates Mukul Rohatgi and Akhil Sibal, appearing for Meta and WhatsApp respectively informed the court that the penalty amount has been deposited.
Bench questioned the platforms' privacy policies and indicated that it would restrain them from sharing any user data unless management provides written undertakings.
"We may hear the appeal on merits. In the meantime, we will not allow you to share even a single piece of information," CJI Kant stated.
"You cannot play with the right of privacy of this country, let a clear message go on your WhatsApp. You are making a mockery of the constitutionalism of this country."
Privacy policy criticised
The bench challenged claims that WhatsApp provides users genuine choice, noting the platform's monopoly status.
"What is the choice? You have complete monopoly in the market, and you are saying I am giving a choice. It is either you walk out of WhatsApp policy, or we will share the data," CJI Kant observed.
Addressing the complexity of privacy policies, CJI remarked "A poor woman selling fruits on the streets, will she understand the terms of your policy?
Can you imagine the language you use, very cleverly drafted, even some of us will not be able to understand. This is a decent way of committing theft of private information."
The chief justice highlighted "silent customers" who are "unorganised" and "addicted to the system," questioning how residents in remote Tamil Nadu or Bihar villages would comprehend complicated policy language.
Justice Bagchi raised concerns about data monetisation, stating the court wishes to examine "how our behavioural tendencies and trends are utilised and monetised, and thereby your parent company can leverage it for the purpose of dominance and advantage in online advertising."
Data value debate
Solicitor general Tushar Mehta submitted that "our personal data is not only sold, but also commercially exploited."
Justice Bagchi noted the Digital Personal Data Protection Act (DPDP) addresses only privacy, unlike EU regulations which consider data value and impose taxation.
Senior advocates Mukul Rohatgi and Akhil Sibal emphasised messages are end-to-end encrypted and proposed filing affidavits explaining their operations.
The dispute stems from CCI's November 2024 order examining WhatsApp's 2021 privacy policy update, finding the platform imposed a "take-it-or-leave-it" framework, denying meaningful opt-out while holding dominant position in India's messaging market. The NCLAT in November 2025 upheld the penalty but set aside the five-year advertising data sharing restriction.
The court adjourned proceedings until Monday, directing Meta and WhatsApp to submit detailed affidavits while impleading the Ministry of Electronics and Information Technology as a party.
