Overview
- Chief Justice Surya Kant told the companies they cannot play with citizens’ privacy and warned the court would not allow sharing of even a single piece of user data.
- The bench directed Meta and WhatsApp to file affidavits or undertakings on non‑use of personal data and impleaded the Ministry of Electronics and Information Technology.
- Justices questioned the 2021 policy’s take‑it‑or‑leave‑it design as ‘manufactured consent’ and flagged concerns about users’ lack of meaningful choice.
- The court signalled scrutiny of how behavioural data is monetised for targeted advertising, noting the DPDP Act is not yet in force and does not address data value.
- Counsel for Meta and WhatsApp said messages are end‑to‑end encrypted and confirmed the Rs 213.14 crore penalty was deposited, while appeals challenge NCLAT’s partial relief on advertising‑related data sharing.