WhatsApp Privacy Policy Row: SC vs Meta (Feb 2026)
📢 What Happened?India’s Supreme Court has issued a strong warning to whatsapp and its parent company Meta Platforms over concerns that the messaging app’s 2021 privacy policy compromises the right to privacy of indian users. The bench — led by Chief Justice of india Surya Kant — said if Meta cannot comply with the Indian Constitution and laws protecting data privacy, then it should “exit India.”This statement came during a high‑profile hearing where whatsapp and Meta are challenging a ₹213.14 crore penalty imposed by the Competition Commission of india (CCI) over WhatsApp’s data‑sharing practices.📍 Key Issues the court Raised1. Right to Privacy Cannot Be CompromisedThe court stressed that privacy is a constitutional right and no company — no matter how large — can “play with” or exploit it for commercial gain, especially through opaque privacy policies.2. Forced Consent Is UnacceptableWhatsApp’s 2021 policy update required users to accept expanded data‑sharing with Meta platforms under a “take it or leave it” model (accept the policy or lose access).
The court questioned whether ordinary users — including poor, rural, non‑English‑speaking citizens — could really understand or meaningfully consent to such terms.3. Monopoly and Lack of Real ChoiceChief Justice Kant observed that WhatsApp’s dominant position in india means users have little practical alternative, making the “choice” in the policy essentially illusory.4. Possible Ban or ExitThe court made it clear that if Meta cannot data-align its operations with indian law, including protecting user privacy, then whatsapp “should leave India.” It even suggested that Meta could exit the indian market rather than compromise constitutional rights.🧠 What the Case Is About
🔹 Big Tech regulation: It signals that global tech companies must comply with indian law or risk losing access to one of the world’s largest wallet PLATFORM' target='_blank' title='digital-Latest Updates, Photos, Videos are a click away, CLICK NOW">digital markets.
🔹 User rights vs business models: It raises questions about how consent is obtained and whether users truly have control over their data.📍 What’s NextThe supreme court is likely to issue interim orders and possibly a final judgment after further hearings. The next key hearing date is expected soon, and the court may provide clearer guidelines on how data privacy must be protected by wallet PLATFORM' target='_blank' title='digital-Latest Updates, Photos, Videos are a click away, CLICK NOW">digital platforms operating in India. Disclaimer:The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of any agency, organization, employer, or company. All information provided is for general informational purposes only. While every effort has been made to ensure accuracy, we make no representations or warranties of any kind, express or implied, about the completeness, reliability, or suitability of the information contained herein. Readers are advised to verify facts and seek professional advice where necessary. Any reliance placed on such information is strictly at the reader’s own risk.
The court questioned whether ordinary users — including poor, rural, non‑English‑speaking citizens — could really understand or meaningfully consent to such terms.3. Monopoly and Lack of Real ChoiceChief Justice Kant observed that WhatsApp’s dominant position in india means users have little practical alternative, making the “choice” in the policy essentially illusory.4. Possible Ban or ExitThe court made it clear that if Meta cannot data-align its operations with indian law, including protecting user privacy, then whatsapp “should leave India.” It even suggested that Meta could exit the indian market rather than compromise constitutional rights.🧠 What the Case Is About
- The controversy stems from WhatsApp’s 2021 privacy policy, which expanded data sharing with Meta for advertising and other commercial purposes.
- The CCI fined Meta ₹213.14 crore for abusing its dominant position by compelling user consent to data sharing.
- The case was taken up by the National Company Law Appellate Tribunal (NCLAT) and then appealed to the supreme court by both Meta/WhatsApp and the CCI.
- Restrict or ban data sharing if Meta doesn’t provide adequate safeguards.
- Ask Meta to give a clear undertaking that user data won’t be exploited for commercial purposes.
- Hear further hearings, with interim directions likely to come soon.
🔹 Big Tech regulation: It signals that global tech companies must comply with indian law or risk losing access to one of the world’s largest wallet PLATFORM' target='_blank' title='digital-Latest Updates, Photos, Videos are a click away, CLICK NOW">digital markets.
🔹 User rights vs business models: It raises questions about how consent is obtained and whether users truly have control over their data.📍 What’s NextThe supreme court is likely to issue interim orders and possibly a final judgment after further hearings. The next key hearing date is expected soon, and the court may provide clearer guidelines on how data privacy must be protected by wallet PLATFORM' target='_blank' title='digital-Latest Updates, Photos, Videos are a click away, CLICK NOW">digital platforms operating in India. Disclaimer:The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of any agency, organization, employer, or company. All information provided is for general informational purposes only. While every effort has been made to ensure accuracy, we make no representations or warranties of any kind, express or implied, about the completeness, reliability, or suitability of the information contained herein. Readers are advised to verify facts and seek professional advice where necessary. Any reliance placed on such information is strictly at the reader’s own risk.