The Supreme Court of India has taken a strong position against Meta Platforms Inc. and WhatsApp LLC over the controversial 2021 privacy policy that governs how user data is used and shared. During a high-profile hearing on February 3, 2026, a Bench led by Chief Justice of India Surya Kant criticized the policy for allegedly enabling unfair and exploitative practices involving Indian users’ private data — especially for commercial and advertising purposes.
The dispute stems from a 2024 order by the Competition Commission of India (CCI) that found WhatsApp had abused its dominant market position by imposing a “take-it-or-leave-it” policy during the 2021 update — forcing users to agree to expanded data sharing if they wanted full access to the app’s services. This led to a penalty of ₹213.14 crore and mandatory directives to restore user choice. Meta and WhatsApp challenged this before the National Company Law Appellate Tribunal (NCLAT), which in 2025 upheld the fine but allowed some data sharing for advertising under certain conditions.
“Right to Privacy Cannot Be Compromised”
In the hearing, Solicitor General Tushar Mehta argued that the 2021 policy’s data-sharing provisions were unfair and exploitative, enabling user data to be used for commercial and advertising purposes without adequate consent. The Bench expressed serious concerns that ordinary users — particularly in rural and regional language communities — may not fully understand complex privacy terms and therefore cannot give truly “informed consent.”
Chief Justice Surya Kant stated emphatically that the right to privacy is a fundamental constitutional guarantee under Article 21. He warned that if Meta and WhatsApp cannot adhere to Indian constitutional and legal standards, they should consider exiting the Indian market rather than compromising citizens’ privacy rights. The court also indicated that it would not permit the sharing of even a single piece of personal data without clear safeguards.
Advertising and Targeted Data Concerns
One of the core issues highlighted was how WhatsApp’s data practices could allow sensitive information — such as private health or personal chat data — to influence targeted advertising, raising concerns about privacy beyond simple message content. Meta representatives countered that the end-to-end encryption protects user messages and prevents even the company from reading them. Nonetheless, the Bench was not fully satisfied, noting that data patterns, usage information, and advertising links remain a significant concern.
The Road Ahead: Interim Orders and Future Hearings
The Supreme Court adjourned further proceedings and scheduled hearings for February 9, 2026, when it is expected to issue interim orders on privacy safeguards and potentially clarify how WhatsApp must secure informed consent from Indian users going forward. The case is widely viewed as landmark data-privacy precedent in India, signaling heightened judicial scrutiny of global Big Tech firms operating within the country.
