SC warns WhatsApp, Meta: Cannot compromise citizens’ privacy

February 3, 2026

New Delhi: The Supreme Court of India on Tuesday delivered stern warnings to messaging platform WhatsApp and its parent company Meta Platforms Inc, asserting that citizens’ right to privacy cannot be compromised under the pretext of data sharing for business or technology. The remarks came during a hearing on appeals by WhatsApp and Meta against earlier orders related to the platform’s data practices.

Chief Justice Surya Kant, along with Justice Joymalya Bagchi and Justice Vipul Pancholi, made it clear the top court will not tolerate misuse of user data, especially in a way that exploits personal information for commercial interests like targeted advertising.

Privacy Versus Data Sharing: Court’s Strong Message

The bench told the tech giants that “you can’t play with the right of privacy of our country in the name of data sharing”, and emphasised that user privacy is a constitutional right that must be protected even in the digital age. The court said it wouldn’t allow personal data to be misused or shared beyond what is strictly necessary for providing services.

In strong language, the court even suggested that if Meta cannot comply with India’s laws on privacy protection, then it “may choose to leave the country” rather than violate the rights of Indian citizens underlining India’s firm stance on digital privacy rights.

Background: The WhatsApp Privacy Dispute

The proceedings relate to appeals filed by WhatsApp and Meta against orders in a dispute over WhatsApp’s 2021 privacy policy update, which required users to agree to expanded data sharing with Meta and related companies. In November 2024, the Competition Commission of India (CCI) imposed a ₹213.14 crore penalty on Meta, finding the policy abusive of WhatsApp’s market position and unfairly tying data sharing to platform use.

While the National Company Law Appellate Tribunal (NCLAT) later modified parts of the CCI order lifting the ban on WhatsApp sharing data with Meta for advertising while upholding the fine the matter has now reached the Supreme Court for final determination.

The Supreme Court also flagged concerns about whether millions of Indian users truly understand the privacy implications of such policies, especially when users have limited realistic choices about opting out of data collection in such “take‑it‑or‑leave‑it” conditions.

Court’s Immediate Directions and Interim Measures

In the hearing, the top court indicated it may issue an interim order restricting WhatsApp from sharing any user data with Meta until the case is fully decided — demonstrating the judiciary’s urgency in safeguarding personal information.

Solicitor General Tushar Mehta criticised the privacy policy as exploitative, pointing out that it allowed data usage for targeted online ads and other commercial exploitation that infringes on user rights.

Data Privacy in India: A Key Legal Frontier

This case highlights the ongoing struggle in India to define legal safeguards around digital data and privacy, especially as global tech platforms collect, process, and monetize user data. While end‑to‑end encryption remains a security measure for message content on WhatsApp, metadata and other information have raised concerns over privacy and consent.

India lacks a comprehensive standalone data protection law, so courts often interpret privacy rights under the Constitution along with existing statutes like the Digital Personal Data Protection (DPDP) Act and competition law provisions.

What’s Next?

The Supreme Court has scheduled further hearings and is likely to hear detailed submissions from all parties on whether WhatsApp’s data sharing practices violate Indian privacy norms and constitutional guarantees. The matter is expected to shape future enforcement of user data protection standards for global technology platforms operating in the country.