India’s Supreme Court Challenges WhatsApp Over User Privacy Concerns
In a landmark session on February 3, 2026, India’s Supreme Court delivered a stern warning to Meta Platforms, the parent company of WhatsApp, emphasizing the inviolability of Indian citizens’ privacy rights. The court’s admonition came as Meta appealed a substantial penalty imposed due to WhatsApp’s 2021 privacy policy update, which mandated users to accept expanded data-sharing terms with Meta or cease using the service.
Background of the Case
The controversy began in 2021 when WhatsApp introduced a privacy policy requiring users to consent to broader data-sharing practices with Meta. This move was met with significant backlash, leading India’s Competition Commission to impose a ₹2.13 billion (approximately $23.6 million) fine on WhatsApp, citing abuse of its dominant market position. Meta and WhatsApp subsequently challenged this penalty, bringing the matter before the Supreme Court.
Supreme Court’s Firm Stance
During the proceedings, Chief Justice Surya Kant unequivocally stated that the court would not permit Meta and WhatsApp to share even a single piece of information while the appeal was pending. He highlighted the lack of genuine choice for users, particularly those from less privileged backgrounds, who might not fully comprehend the implications of the privacy policy. Justice Joymalya Bagchi further scrutinized Meta’s data practices, expressing concerns over the commercial exploitation of behavioral data for targeted advertising. The court underscored that even anonymized data holds significant economic value and that personal data is not only collected but also commercially exploited.
Meta’s Defense and Court’s Rebuttal
Meta’s legal representatives argued that WhatsApp’s messages are end-to-end encrypted, rendering them inaccessible even to the company itself. They contended that the updated privacy policy did not compromise user protections or permit chat content to be utilized for advertising purposes. However, the court remained unconvinced, emphasizing that the right to privacy is a fundamental constitutional guarantee that cannot be undermined by corporate interests.
Implications for Digital Privacy in India
This case has far-reaching implications for digital privacy in India, a nation with over 500 million WhatsApp users. The Supreme Court’s firm stance signals a growing intolerance for perceived overreach by tech giants into personal data. It also highlights the challenges users face in understanding and consenting to complex data-sharing policies, especially in a market where certain platforms hold near-monopolistic positions.
Looking Ahead
The Supreme Court has adjourned the matter until February 9, allowing Meta and WhatsApp to provide a more detailed explanation of their data practices. Additionally, the court has expanded the scope of the proceedings by including the Ministry of Electronics and Information Technology as a party to the case. This development indicates a comprehensive examination of data privacy practices and their alignment with constitutional rights in India.
