The Supreme Court on Tuesday gave a stern warning to Meta over WhatsApp’s 2021 privacy policy. The court raised serious concerns about user privacy and data sharing.
As Solicitor General Tushar Mehta attacked the policy as “exploitative” and accused the company of using user data for commercial gain, Chief Justice Surya Kant issued a strong response.
“If you can’t follow our Constitution, then leave India. We won’t allow any the privacy of any citizen to be compromised," the Chief Justice said.
A bench led by Chief Justice Kant told the US-based firm, “You can’t play with privacy… we will not allow you to share a single digit of our data".
Government flags commercial use of data
The Solicitor General and the lawyer for the Competition Commission of India (CCI) said WhatsApp’s data practices allowed commercial exploitation of user information. They argued that this remained a concern even if the data was encrypted.
They also stressed the need to apply the Digital Personal Data Protection (DPDP) Act. According to them, the law must protect metadata and ensure real user consent, India Today reported.
Court questions ‘informed consent’ claim
Meta and WhatsApp claimed that users had given informed consent. However, the Supreme Court strongly disagreed.
The bench said millions of users cannot understand complex legal language. This includes street vendors and people living in rural areas.
“The language of your policy is such that an ordinary user cannot understand it. What kind of option are you giving? Imagine a street vendor — a poor woman sitting on the street selling fruits. How will she understand your terms and conditions about opting in or opting out?" the bench said, according to LiveLaw.
The court also said the policy appeared to be “very cleverly crafted".
‘Lion and lamb’ choice, says CJI
The Chief Justice said the choice given to users was unfair and one-sided.
“The choice is between the lion and the lamb. Either you file an undertaking that there will be no data sharing, or we will dismiss your case," he said.
Global standards argument rejected
WhatsApp’s counsel argued that the privacy policy followed global standards. Meta said it only shared limited data with its parent company.
However, the court rejected these arguments. It said India’s privacy framework is very different from European regulations. The bench added that commercial use of shared data cannot be ignored.
Concerns over targeted ads
The court also highlighted the risk of behavioural and commercial exploitation of users.
It noted reports where users received advertisements for medicines soon after private chats with doctors. The bench said this raised serious questions about how user data was being monetised.
Background of the case
The hearing involved several appeals filed by WhatsApp, Meta, and the CCI. These appeals challenge a January 2025 order of the National Company Law Appellate Tribunal (NCLAT).
The NCLAT had upheld a ₹213.14-crore fine imposed by the CCI. The regulator found that WhatsApp abused its dominant position through its 2021 privacy policy. The policy forced users to share data with Meta companies on a “take-it-or-leave-it" basis.
In 2021, WhatsApp changed its privacy rules. Users had to accept data sharing with Meta to continue using the service.
In November 2024, the CCI fined WhatsApp and Meta ₹213.14 crore. A year later, in November 2025, the NCLAT upheld the penalty. It also directed WhatsApp to give users the option to opt out of data sharing.
What happens next
As an interim step, the Supreme Court has ordered WhatsApp not to share any user data with Meta. This restriction will remain in place until the court completes the hearing.