Supreme Court Questions WhatsApp, Meta on Data Privacy Concerns
SC raises concerns over WhatsApp and Meta's data sharing practices.
Photo by Dima Solomin
Key Facts
Court: Supreme Court
Concern: Data privacy of Indian users
Penalty: ₹213.14 crore
Act: Digital Personal Data Protection Act of 2023
Next hearing: February 9
UPSC Exam Angles
GS Paper II: Polity and Governance - Data Protection Laws
GS Paper III: Economy - Role of CCI in regulating market competition
Potential for questions on fundamental rights and judicial review
Visual Insights
Key Figures from the WhatsApp Data Privacy Case
Highlights the penalty imposed by CCI and the legal challenge.
- CCI Penalty on WhatsApp & Meta
- ₹213.14 crore
Penalty imposed by the Competition Commission of India (CCI) for anti-competitive practices related to data sharing.
More Information
Background
Latest Developments
Frequently Asked Questions
1. What is the main issue the Supreme Court is concerned about regarding WhatsApp and Meta?
The Supreme Court is concerned about the data privacy of millions of Indian users, specifically the sharing and commercial exploitation of their personal data by WhatsApp and Meta.
2. What key legislation is related to this case, and what aspect does the Supreme Court find lacking in it?
The key legislation is the Digital Personal Data Protection (DPDP) Act of 2023. The Supreme Court noted that the Act covers privacy but may not adequately address the sharing of data value.
3. What was the penalty imposed on WhatsApp by the Competition Commission of India (CCI), and why?
The Competition Commission of India (CCI) imposed a ₹213.14-crore penalty on WhatsApp. The Supreme Court is hearing petitions against a National Company Law Appellate Tribunal decision upholding this penalty.
4. Why is this data privacy case important for the UPSC exam?
This case is important because it highlights the ongoing debate about data privacy, the power of tech companies, and the government's role in protecting citizens' data. Understanding the legal and ethical dimensions of data privacy is crucial for both Prelims and Mains.
5. What is the 'background context' of this case, and how has the debate around data privacy evolved?
The debate around data privacy has evolved alongside technological advancements. Early concerns focused on physical records, but the digital age brought new challenges. The concept of privacy as a fundamental right has been gradually recognized by courts worldwide.
6. What are the recent developments that have heightened awareness of data privacy issues globally?
Recent incidents like the Cambridge Analytica scandal have heightened awareness and fueled demands for greater accountability. Governments worldwide are enacting stricter data protection regulations, such as the General Data Protection Regulation (GDPR) in Europe.
7. As a citizen, how does this Supreme Court case impact my data privacy?
This case highlights the importance of informed consent and the potential for commercial exploitation of your personal data. It emphasizes the need for stronger data protection laws and greater transparency from tech companies.
8. What are the key facts to remember for Prelims regarding this case?
Key facts include: the Supreme Court's concern over data privacy, the ₹213.14 crore penalty imposed by the CCI, the Digital Personal Data Protection Act of 2023, and the next hearing date of February 9.
9. What is the central government's role in this case, and why was it impleaded?
The Centre, through the Ministry of Electronics and Information Technology, was impleaded as a party in the case. This suggests the court wants to understand the government's perspective on data privacy and the implementation of the DPDP Act.
10. What are the potential pros and cons of allowing WhatsApp and Meta to share user data?
Pros could include personalized services and targeted advertising. Cons include potential privacy violations, commercial exploitation of data, and the risk of data breaches. The Supreme Court is likely weighing these factors.
Practice Questions (MCQs)
1. Consider the following statements regarding the Digital Personal Data Protection (DPDP) Act of 2023: 1. It exclusively addresses the privacy of personal data but does not cover the sharing of data value. 2. It establishes a Data Protection Board of India to oversee compliance and address grievances. 3. The Act was enacted following the Supreme Court's verdict in the Justice K.S. Puttaswamy case, which affirmed privacy as a fundamental right. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: D
All the statements are correct. The Digital Personal Data Protection (DPDP) Act of 2023 indeed focuses on privacy but, as noted by the Supreme Court, does not fully address the sharing of data value. It does establish the Data Protection Board of India. The Act's enactment was prompted by the Supreme Court's recognition of privacy as a fundamental right in the Justice K.S. Puttaswamy case in 2017.
2. The Competition Commission of India (CCI) imposed a penalty of ₹213.14 crore on WhatsApp and Meta. Which of the following is the primary function of the CCI?
- A.To regulate the telecommunications sector
- B.To promote competition and prevent anti-competitive practices
- C.To oversee data protection and privacy
- D.To regulate foreign investment in India
Show Answer
Answer: B
The Competition Commission of India (CCI) is primarily responsible for promoting competition and preventing anti-competitive practices in India. It aims to ensure fair competition in the market and protect the interests of consumers. The CCI was established under the Competition Act, 2002.
3. Assertion (A): The Supreme Court questioned WhatsApp and Meta regarding the privacy of Indian users, likening data exploitation to 'a decent way of committing theft.' Reason (R): The Digital Personal Data Protection (DPDP) Act of 2023 comprehensively addresses all aspects of data governance, including the sharing of data value. In the context of the above statements, which of the following is correct?
- A.Both A and R are true, and R is the correct explanation of A
- B.Both A and R are true, but R is NOT the correct explanation of A
- C.A is true, but R is false
- D.A is false, but R is true
Show Answer
Answer: C
Assertion A is true as the Supreme Court did express concerns about data exploitation. However, Reason R is false because the DPDP Act of 2023, as pointed out by the Supreme Court, does NOT comprehensively address the sharing of data value, focusing primarily on privacy.