Virag Gupta's column: When will we take a strict stand on WhatsApp's data theft?

CJI Surya Kant has reprimanded WhatsApp, saying that advertisements are being sent by targeting customers due to data theft. The three-judge bench said that until an affidavit is received to stop the commercial use of people's personal data, WhatsApp's appeal will not be heard. The hearing and verdict on the WhatsApp case can change both the fate and the picture of Digital India. It is important for us to understand 6 aspects related to this. 1. Meta's three companies Facebook have 58 crore, Instagram 48 crore and WhatsApp about 85 million subscribers in India. In the country, 92% of businesses and 89% of smartphone users are using WhatsApp. Since 2016, Meta's three companies have been making huge profits from commercial use with the sharing of data of millions of customers. The Competition Commission of India (CCI) had given an affidavit in the Delhi High Court in 2021-22 that the WhatsApp case was being heard in accordance with the Competition Act, which has nothing to do with Article 21 of the Constitution and the right to privacy. 2. The CCI and the Central Government told the Supreme Court that WhatsApp, which provides free service, earns from advertising and users are their product. According to the class action suit filed in the US, WhatsApp is targeted because chat and data are not secure. Many Chinese apps like PUBG and Tiktok were banned due to taking India's data abroad. American tech companies are openly selling our data in the country and abroad, despite that, the central government is not implementing the data protection law passed by the Parliament in 2023. 3. Meta had earned $ 200 billion in the world in 2025. Of this, about $196 billion was from advertising alone. Meta's average revenue per subscriber is $57. According to the number of users, WhatsApp earns about four lakh crore rupees from India. But in India, the world's largest digital market, Meta India showed an income of only 3792 crores last year. In India, about 44 lakh crore income is earned from taxes, which is 11.2% of GDP. Whereas in the OECD, 34% of GDP comes from tax income. If GST and other taxes are collected from Meta on the data business, then the budget deficit will be reduced and the domestic economy will develop. 4. On the basis of innumerable data, Meta is also dominating the fields of business, digital advertising, UPI, payment banking and AI. More than 60 percent of free voice calls from WhatsApp are deteriorating the financial condition of telecom companies. Cyber crimes are increasing due to lack of KYC in WhatsApp calls. But despite several demands of mobile companies and the report of the parliamentary committee, WhatsApp was not brought under the purview of the Telecom Act 2023. 5. Meta's companies were fined Rs 12000 crore for violating the strict data protection law of the GDR in Europe, Rs 2000 crore for violation of the Digital Marketing Act and Rs 4000 crore for misuse of data of minor children. In the US, the Federal Trade Commission had imposed a fine of $ 5 billion (50 thousand crores) on Meta in 2019 in the Cambridge case, but in India, the CCI imposed a nominal fine of Rs 213 crore on Meta, which is being heard in the Supreme Court to recover it. 6. The judges have said that WhatsApp should leave India if it does not follow the rules. But despite the claims of Make in India and self-reliance, the public, business, courts and the government are completely dependent on WhatsApp. If strict orders are passed from the Supreme Court to stop data theft and recover full tax on the business, then there will be a drastic reduction in cyber crimes along with the increase in the glory of the rule of the Constitution. The judges have said that WhatsApp should leave India if it does not follow the rules. But despite the claims of Make in India and self-reliance, the public, business, courts and government are dependent on WhatsApp. (These are the author's own views)