The Supreme Court of India on Tuesday sharply criticised WhatsApp and its parent company Meta over concerns about user data sharing and privacy, asserting that no company can compromise citizens&rsquo; right to privacy for technology or business interests.
A three-judge bench led by Chief Justice Surya Kant said that Indians&rsquo; personal data cannot be manipulated under the guise of &ldquo;data sharing.&rdquo; The court questioned Meta&rsquo;s reliance on consent and opt-out mechanisms in its privacy policy and described the absence of a meaningful choice for users as tantamount to &ldquo;a decent way of committing theft of private information.&rdquo;
The matter stems from a Competition Commission of India (CCI) order imposing a ₹213.14 crore penalty on WhatsApp and Meta for abusing their dominant market position through WhatsApp&rsquo;s controversial 2021 privacy policy, which mandated expanded data sharing within the Meta group on a &ldquo;take it or leave it&rdquo; basis.
The policy update was found to force users to accept broad data collection and group sharing terms to continue using WhatsApp, a condition regulators said denied users real choice and adequate opt-out options.
WhatsApp and Meta challenged CCI&rsquo;s order and the National Company Law Appellate Tribunal (NCLAT) judgment upholding the penalty, prompting appeals before the Supreme Court.
Court&rsquo;s Strong Remarks
During Tuesday&rsquo;s hearing, the bench:
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Rebuked Meta and WhatsApp for treating consent in complex privacy terms as meaningful when users lack real choice.
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Noted that privacy policies are &ldquo;so cleverly crafted that citizens will not understand&rdquo; their implications.
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Asserted it will not allow user data exploitation or the undermining of constitutional rights for commercial gain.
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Expanded the scope of the matter by making the Ministry of Electronics and Information Technology (MeitY) a party to the proceedings.
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The court said it will issue interim orders on February 9, indicating strict scrutiny ahead.
Justices emphasised that the lack of genuine choice in the 2021 policy, where users had to accept terms unconditionally to continue using the service, questions the validity of such consent. They stressed that consent obtained under unequal bargaining power cannot be regarded as free or informed.
Solicitor General Tushar Mehta also highlighted concerns that user data is being commercially exploited, even if encrypted, suggesting deeper privacy issues than what basic policy terms might imply.
The Supreme Court&rsquo;s interim hearing on February 9 will be closely watched as the judiciary looks at balancing digital innovation with fundamental privacy rights and potentially shaping how tech giants handle user data in India.

Supreme Court WhatsApp Meta privacy policy

Supreme Court condemns data sharing, demands protection of Indians’ privacy rights

SC Slams WhatsApp, Meta Over User Data Privacy

Supreme Court condemns data sharing, demands protection of Indians’ privacy rights

February 3, 2026 | 13:22 IST