India’s top court has sent a clear message to global tech companies: user privacy is non-negotiable. During a hearing on WhatsApp’s 2021 privacy policy, the Supreme Court sharply criticised Meta, warning that failure to comply with India’s constitutional framework could force the company to exit the country.
The bench, headed by Chief Justice Surya, expressed serious concern over the manner in which WhatsApp sought user consent for sharing data with other Meta-owned platforms. The court questioned whether ordinary Indians—particularly the poor, rural citizens, and those unfamiliar with English—could realistically understand the policy they were being asked to accept.
“Sometimes even we find it difficult to understand these policies,” the Chief Justice observed, adding that complex opt-out clauses amounted to a “theft of private information.”
The hearing relates to a Competition Commission of India order imposing a ₹213 crore penalty on WhatsApp for abusing its dominant market position. The CCI had ruled that users were left with no real choice but to accept data-sharing terms to continue using the messaging service. While an appellate tribunal later lifted restrictions on data sharing, it upheld the fine.
Solicitor General Tushar Mehta told the court that the policy enabled commercial exploitation of user data, undermining privacy protections. In response, Meta’s legal team reiterated that WhatsApp messages are end-to-end encrypted and inaccessible even to the company.
The court also cited real-life implications of data use, pointing to targeted advertising triggered by personal conversations. The matter has wider implications for how multinational tech firms operate in India’s rapidly expanding digital economy. Further hearings are expected.
