India’s Supreme Court on Tuesday sharply criticised Meta Platforms over WhatsApp’s 2021 privacy policy, warning the US tech giant that it would not tolerate any compromise of Indian users’ data or privacy.
A bench led by Chief Justice Suryakant was hearing petitions related to WhatsApp’s updated privacy policy and a ₹213 crore penalty imposed by the Competition Commission of India (CCI). The fine was upheld by the National Company Law Appellate Tribunal (NCLAT), though it lifted a five-year restriction on data sharing between WhatsApp and other Meta entities.
“You can’t play with privacy. We will not allow you to share a single digit of our data,” the Chief Justice said during the hearing, adding that the court would not permit the exploitation of Indian users.
The case stems from the CCI’s November 2024 ruling that WhatsApp had abused its dominant market position by effectively forcing users to accept the 2021 privacy update as a condition for continued access to the messaging service. The regulator objected to WhatsApp linking continued usage to consent for sharing user data with other Meta platforms for commercial purposes, leading to the monetary penalty.
Meta and WhatsApp challenged the CCI order in January 2025. In November 2025, the appellate tribunal upheld the fine but removed the five-year prohibition on data sharing, prompting cross-appeals now before the Supreme Court.
Appearing for the Union government, Solicitor General Tushar Mehta described the policy as “exploitative” and argued that it enabled commercial use of personal data without meaningful consent. Responding to the arguments, the Chief Justice said companies operating in India must comply with constitutional principles.
“If you can’t follow our Constitution, leave India. We won’t allow citizens’ privacy to be compromised,” the court said.
The bench also questioned whether WhatsApp’s privacy policy could realistically be understood by large sections of India’s population, including people with limited literacy or those who do not speak English.
“A poor woman, a roadside vendor, or someone who only speaks Tamil — will they be able to understand this?” the Chief Justice asked, expressing scepticism about claims that users had adequate opt-out choices. He added that even the court found such policies difficult to interpret, raising concerns about informed consent.
The court further cited real-world examples, including targeted advertisements appearing shortly after private conversations, to underline public concerns about data usage and profiling.
Representing Meta and WhatsApp, senior advocates Mukul Rohatgi and Akhil Sibal argued that all WhatsApp messages are protected by end-to-end encryption, meaning the company cannot read message content. They also told the court that the ₹213 crore penalty had already been deposited.
The Supreme Court’s observations come amid heightened scrutiny of big tech firms’ data practices in India, where regulators and courts are increasingly asserting oversight over privacy, competition and digital governance.
The matter will continue to be heard, with the court expected to examine the broader implications of data sharing, consent and market dominance in digital platforms.
