"The remarks were made during open court hearings on WhatsApp's January 2021 policy update, which required users to share data with Meta companies to keep using the app - a "take it or leave it" approach that India's competition watchdog, the Competition Commission of India (CCI), said left users with "no real choice"."
"In an affidavit, seen by the BBC, the messaging platform added that users could continue using the app even if they opted out of sharing data with Meta for advertising. The move comes days after the court criticised WhatsApp's 2021 privacy policy, warning that it would not allow WhatsApp or Meta to "play with" Indians' right to privacy or "make a mockery" of the Constitution, which guarantees privacy as a fundamental right."
"The update drew criticism from users who said they felt compelled to accept terms they were uncomfortable with, noting it differed from the 2016 policy, which had allowed existing users to opt out of sharing data with Meta for advertising. The policy has also been criticised by digital rights activists as invasive and a violation of user autonomy."
India's Supreme Court is examining WhatsApp's 2021 privacy policy in a landmark case addressing privacy rights, consumer choice, and regulation of dominant tech platforms. The policy required users to share data with Meta to continue using the app, eliminating user choice. WhatsApp has committed to complying with court orders by March 16, allowing users to opt out of data sharing while maintaining app access. The court criticized the policy as violating India's constitutional guarantee of privacy as a fundamental right. The Competition Commission of India found the policy left users with no real choice. The case involves approximately 853 million Indian WhatsApp users and raises broader questions about platform regulation and user autonomy.
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