Indian top court slams WhatsApp, raises alarm over data sharing
Tech giants cannot ‘play with citizens’ right to privacy’, rules Supreme Court
New Delhi:The Supreme Court of India has strongly censured Meta Platforms Inc and its messaging service WhatsApp over their data-sharing practices, expressing serious concern over the misuse of citizens’ personal data amid growing state and corporate surveillance in India.
According to Kashmir Media Service, a bench headed by Chief Justice Surya Kant observed that technology companies cannot be allowed to compromise the fundamental right of the citizens to privacy under the pretext of data sharing. “You cannot play with the right to privacy of the citizens of this country in the name of data sharing. We will not allow you to share a single word of the data,” the bench remarked.
The apex court also directed that the Ministry of Electronics and Information Technology be impleaded as a party in the case, acknowledging the government’s central role in framing and enforcing India’s data-governance regime. The court is expected to pass an interim order on February 9.
The observations came during the hearing of appeals filed by Meta and WhatsApp challenging a National Company Law Appellate Tribunal (NCLAT) ruling that upheld restrictions on WhatsApp’s controversial privacy policy, which enables extensive data sharing with Meta entities.
Legal experts say the case has broader implications, as it highlights mounting concerns over the Modi government’s increasing pressure on technology platforms to provide user data and weaken encryption safeguards. Rights groups warn that such policies have facilitated mass surveillance, particularly in Indian illegally occupied Jammu and Kashmir, where digital data has reportedly been used to profile journalists, activists, and political dissenters.
India’s existing legal framework under Modi government grants sweeping exemptions to state agencies, raising questions about the actual protection of citizens’ digital rights under the current dispensation.
