Last Updated:February 03, 2026, 12:40 IST
A bench led by Chief Justice Surya Kant told the US-based company, “You can't play with the privacy of our country. We will not allow you to share a single digit of our data.”
TL;DR: The Supreme Court on Tuesday issued a stern warning to Meta over its 2021 privacy policy for WhatsApp.
The Supreme Court on Tuesday issued a stern warning to Meta over its 2021 privacy policy for WhatsApp.
As Solicitor General Tushar Mehta criticised the “exploitative" policy for sharing user data for commercial purposes, Chief Justice Surya Kant responded: “If you can’t follow our Constitution, then leave India. We won’t allow any the privacy of any citizen to be compromised."
A bench led by Chief Justice Surya Kant told the US-based company, “You can’t play with privacy… we will not allow you to share a single digit of our data".
Solicitor General Mehta and counsel for the Competition Commission of India (CCI) said that user data was being commercially exploited, even if encrypted, and that the Digital Personal Data Protection (DPDP) Act must be considered to protect metadata and ensure user consent, India Today reported.
SC raises concerns
TL;DR: As the tech giants claimed informed consent, the SC said that millions of users, including street vendors and rural citizens, cannot understand complex privacy policies.
As the tech giants claimed informed consent, the SC said that millions of users, including street vendors and rural citizens, cannot understand complex privacy policies.
“The language of your policy is such that an ordinary user cannot understand it. What kind of option are you giving? Imagine a street vendor — a poor woman sitting on the street selling fruits. How will she understand your terms and conditions about opting in or opting out?" the SC bench said, according to LiveLaw, adding that the policy appeared to be “very cleverly crafted".
“The choice is between the lion and the lamb. Either you file an undertaking that there will be no data sharing, or we will dismiss your case," the CJI said.
The counsel for WhatsApp argued that their privacy policy aligns with international norms, while Meta said that data sharing is limited to the parent company.
The court, however, said there was a stark difference between India’s privacy framework and European regulations and that commercial use of shared data must not be overlooked.
The court also emphasised that behavioural and commercial exploitation of user data, including targeted advertising based on chat trends, violates users’ rights.
The bench took note of instances where users received targeted ads for medicines shortly after private chats with doctors, raising questions about the extent of data monetisation.
The hearing
TL;DR: The hearing was on multiple appeals, including those filed by WhatsApp, Meta, and the CCI, challenging a January 2025 NCLAT order regarding data sharing and market dominance.
The hearing was on multiple appeals, including those filed by WhatsApp, Meta, and the CCI, challenging a January 2025 NCLAT order regarding data sharing and market dominance. Meta and WhatsApp moved the Supreme Court to challenge the NCLAT ruling that upheld a ₹213.14-crore penalty imposed by the CCI for abusing their dominant position via the 2021 privacy policy. The case centers on the policy’s mandatory data-sharing with Facebook/Meta companies, which the CCI deemed an “unfair" “take-it-or-leave-it" condition for users.
In 2021, WhatsApp updated its privacy policy, requiring users to share data with Meta companies to continue using the service. The Competition Commission of India (CCI) fined WhatsApp/Meta ₹213.14 crore in November 2024 for abusing its dominant position in the messaging market.
In November 2025, the National Company Law Appellate Tribunal (NCLAT) upheld the penalty and reinforced user-choice safeguards, requiring WhatsApp to allow users to opt-out of data sharing.
What next?
TL;DR: As an interim measure, the Supreme Court has ordered WhatsApp not to share any user information with Meta until the matter is fully heard.
As an interim measure, the Supreme Court has ordered WhatsApp not to share any user information with Meta until the matter is fully heard.
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