New Delhi: The Supreme Court delivered a sharp rebuke to Meta, the parent company of WhatsApp, over its controversial privacy policy, questioning whether millions of Indians, particularly those who are poor or uneducated, can understand the terms. A bench led by Chief Justice Surya made it clear that the court would not allow the platform to exploit users’ personal data.
During the hearing on WhatsApp’s 2021 privacy update, the Chief Justice stated, “You can’t play with privacy… we will not allow you to share a single digit of our data,” and cautioned the company, “If you can’t follow our Constitution, leave India.” The court highlighted that even citizens with limited literacy or who speak regional languages might struggle to comprehend the policy, making it a potential avenue for misuse of sensitive information.
The proceedings involved a plea challenging the law tribunal’s decision to uphold a Rs 213 crore penalty imposed by the Competition Commission of India (CCI). The CCI had fined WhatsApp for allegedly forcing users to accept its new data-sharing terms in order to continue using the platform. A cross-appeal by the CCI regarding sharing user data for advertising was also discussed, with the tribunal previously ruling there was no abuse of dominance.
Solicitor General Tushar Mehta criticised the policy as “exploitative,” particularly for using user data for commercial purposes. The Chief Justice cited real-world examples, such as users receiving targeted ads immediately after sharing health information with a doctor on WhatsApp, to illustrate the privacy risks.
Defending the company, Senior Advocates Mukul Rohatgi and Akhil Sibal emphasised that all messages on WhatsApp are end-to-end encrypted, and the company cannot access the content directly.
The dispute traces back to November 2024, when the CCI determined that WhatsApp, leveraging its dominant market position, compelled users to consent to data-sharing with other Meta platforms. While the law tribunal later lifted a five-year restriction on data sharing, it upheld the monetary penalty, which Meta has already deposited. The Supreme Court’s observations underscore the judiciary’s determination to safeguard personal data and hold global tech companies accountable to Indian law.
