The Supreme Court has issued a strong warning to Meta over WhatsApp’s privacy policy, stating that it will not permit the sharing of even a single piece of user data and will not allow companies to compromise the privacy of Indian citizens.
As per media reports, Chief Justice of India Surya Kant has said that Meta is free to leave India if it does not comply with Indian laws, adding that the court will not allow firms to “play with the privacy of citizens of this country.”
The court has made the Ministry of Electronics and Information Technology a party to the matter and has said it will pass interim orders on February 9. It has also observed that it will not permit technology companies to share data of users who are bound by unequal agreements.
The Supreme Court has questioned the structure of privacy policies, noting that they have been drafted in a manner that ordinary users cannot easily understand. It has also raised concerns over the absence of a meaningful opt-out option for users.
The matter has been heard by a bench led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul Pancholi. The bench has taken note of a cross-appeal filed by the Competition Commission of India challenging the NCLAT order that had allowed Meta and WhatsApp to share user data for advertising purposes after ruling out abuse of dominance.
Senior advocates Mukul Rohatgi and Akhil Sibal, appearing for Meta and WhatsApp, have informed the court that the penalty imposed by the CCI has already been deposited. The court has agreed to hear the appeals while raising serious concerns about WhatsApp’s data-sharing practices.
The Chief Justice has remarked that WhatsApp operates as a monopoly, leaving users with no real choice, and has questioned how a company can interfere with citizens’ right to privacy in such circumstances. The court has also sought an undertaking from Meta and WhatsApp that users’ personal data will not be used.
In response, Rohatgi has stated that a Constitution Bench is already examining WhatsApp’s privacy policy and that an earlier undertaking has been given assuring that users would not be denied access for refusing the 2021 policy update. He has also referred to the Digital Personal Data Protection Act, 2023, which provides a transition period until May 2027, though the court has noted that the law is not yet in force.
Senior advocate Samar Bansal, appearing for the CCI, has told the court that the regulator has already examined the issue and imposed penalties accordingly, stating that Meta’s advertising-driven business model effectively treats users as the product.
The case has stemmed from the CCI’s November 2024 order on WhatsApp’s 2021 privacy policy update, in which the regulator found that the platform had abused its dominant position by enforcing a “take-it-or-leave-it” policy. The CCI had imposed a penalty of ₹213.14 crore on Meta Platforms and issued directions to restore user choice through clear opt-in and opt-out mechanisms and restrictions on data sharing.
Meta and WhatsApp have challenged the order before the NCLAT in January 2025. In November 2025, the tribunal has lifted the five-year ban on advertising-related data sharing and overturned the finding of abuse of dominance, while upholding the monetary penalty.
