“Making a Mockery of Constitutionalism”: Supreme Court’s Strong Warning to WhatsApp Over Indians’ Data Privacy
Introduction: A Defining Moment for Digital Privacy in India The Supreme Court of India has delivered one of its strongest judicial rebukes yet to a global technology platform, warning WhatsApp and its parent company Meta Platforms that the exploitation of personal data of even a single Indian citizen will not be tolerated . In sharp language, the Court described WhatsApp’s data-sharing practices as a “ decent way of committing theft of personal information ” and cautioned that the platform was “ making a mockery of the constitutionalism of this country ”. The remarks came during the hearing of a batch of appeals concerning WhatsApp’s controversial 2021 Privacy Policy , which significantly expanded data sharing with Meta entities. Background of the Case: WhatsApp’s 2021 Privacy Policy The Triggering Event In January 2021, WhatsApp introduced a revised privacy policy requiring users to consent to expanded data sharing with Meta companies as a condition for continued use of the platform....