India’s top court has sent a strong message to Meta, the parent company of WhatsApp, over concerns related to user data privacy. On Tuesday, the Supreme Court sharply criticised the tech giant while hearing petitions linked to WhatsApp’s controversial 2021 privacy policy, making it clear that it will not tolerate any misuse of Indian citizens’ personal information.
A bench led by Chief Justice Surya delivered blunt observations, warning the company against treating user data casually. “You can’t play with privacy… we will not allow you to share a single digit of our data,” the Chief Justice said, adding that the court would not allow the exploitation of Indians.
What Is the WhatsApp Privacy Policy Case About?
The case revolves around WhatsApp’s 2021 privacy policy update, which required users to accept data sharing with other Meta-owned platforms to continue using the messaging service. The Competition Commission of India (CCI) ruled in November 2024 that WhatsApp abused its dominant market position by forcing users into accepting the policy.
As a result, the CCI imposed a Rs 213 crore penalty on WhatsApp. Meta and WhatsApp later challenged this decision, leading to a complex legal battle involving the competition regulator and a company law tribunal.
Supreme Court Questions User Consent and Clarity
During the hearing, the court raised serious concerns about whether ordinary users could truly understand WhatsApp’s privacy terms. The Chief Justice questioned whether the policy language was accessible to millions of Indians.
“… a poor woman or a roadside vendor, or someone who only speaks Tamil… will they be able to understand?” The bench also rejected Meta’s argument that users had an “opt-out” option.
“Sometimes even we have difficulty understanding your policies…” the court remarked, adding, “… so how will people living in rural Bihar understand them? This is a way of committing theft of private information. We won’t allow it.”
WhatsApp Privacy Policy Case: Government Calls Policy ‘Exploitative’
Appearing for the government, Solicitor General Tushar Mehta described WhatsApp’s data-sharing model as unfair and exploitative, especially when used for commercial advertising.
Backing this argument, the Chief Justice issued a stern warning to the company, “If you can’t follow our Constitution, leave India. We won’t allow citizens’ privacy to be compromised.”
The court also expressed concern over how personal conversations could influence targeted advertising.
“If a message is sent to a doctor on WhatsApp… that you are feeling under the weather… and the doctor sends some medicine prescriptions, immediately you start seeing ads…”
WhatsApp Privacy Policy Case: What Meta and WhatsApp Told the Court?
Senior advocates Mukul Rohatgi and Akhil Sibal, representing Meta and WhatsApp, defended the company by stating that all messages on WhatsApp are end-to-end encrypted, meaning even the platform cannot read message content.
They also informed the court that the Rs 213 crore fine imposed by the CCI has already been deposited.
After the CCI ruling, Meta and WhatsApp approached the courts in January 2025 to challenge the order. In November 2025, the company law tribunal lifted a five-year ban on data sharing between WhatsApp and Meta platforms but upheld the monetary penalty.
The Supreme Court is now examining whether the tribunal was right in allowing data sharing while confirming that no “abuse of dominance” took place.
