Privacy matters
Companies operating in any country are bound to follow the law of the land. The laws of every country are made for the welfare and protection of the rights of its citizens. They should not be violated. Based on this principle, the Supreme Court warned WhatsApp and its parent company, Meta, to leave the country if they cannot comply with the laws of India. The bench headed by Chief Justice Surya Kant clarified that the rights of the citizens of the country must be protected, and not exploited.
The Supreme Court severely criticised the company while considering the appeal filed by the company against the National Company Law Appellate Tribunal order upholding the Rs 213.14 crore fine imposed by the Competition Commission of India on WhatsApp's 2021 privacy provisions. The Supreme Court pointed out that there was no clear option available to opt out of the privacy provisions brought by WhatsApp. 'Show me your mobile phone. This is a decent way to steal personal information. The court knows your commercial interest. The court also knows how you are making users slaves to this app. Everyone uses it. How can the people know if they have the right to opt out of your policy?' - Chief Justice Surya Kant asked.
The top court informed the company that they will not be allowed to play with citizens' privacy, nor share even a single digit of our data. The court said that it was best for the company to leave India if it cannot abide by the Indian Constitution.
The court also said the millions of poor and uneducated people in the country couldn't read and understand Meta's policy. In response, when the company's lawyer explained that there is an 'opt-out' clause, the court criticised it as a way of stealing privacy. The Chief Justice then shared his own experience in the courtroom.
“If we send a message to a doctor on WhatsApp about an illness, after the doctor sends back a prescription for some medicine, advertisements for medicines related to this illness will also reach our phone.” The Chief Justice pointed out the experience of WhatsApp users. However, the company responded that all messages are end-to-end encrypted, and even the company cannot see the content of the messages.
The virtual arrests and cyber frauds happening in the country are the biggest evidence that people's privacy is being invaded by technological means, and information is being collected. There is no way to know whether tech giants are handing over data to fraudsters. Therefore, the Supreme Court's warning proves to be effective.