India’s judiciary has once again put the spotlight on whatsapp and its parent company Meta over concerns about user data privacy, with the Supreme court of india issuing stern warnings during a high-profile hearing. The developments mark a major escalation in the long-running legal battle over how whatsapp handles indian users’ personal information and whether its business practices undermine citizens’ constitutional right to privacy.

🔎 What Sparked the Latest Judicial Uproar?

At the core of the dispute is WhatsApp’s 2021 privacy policy update, which expanded the scope of data shared with Meta-owned services and tied users’ continued access to the messaging platform to acceptance of those terms. The policy data-faced immediate backlash for allegedly forcing users into a “take-it-or-leave-it” situation without a meaningful opt-out option.

The issue had earlier been examined by the Competition Commission of india (CCI), which in november 2024 imposed a ₹213.14 crore penalty on Meta Platforms for abusing its dominant market position through this policy. This order was partly upheld by the National Company Law Appellate Tribunal (NCLAT), prompting both Meta and whatsapp to appeal directly to the supreme Court.

⚖️ Supreme Court’s Strong Response

During hearings on february 3, 2026, a three-judge bench led by Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi delivered pointed remarks. The court made it clear that the right to privacy is sacrosanct and cannot be compromised for commercial gain:

• The Chief Justice warned that the court would not allow whatsapp or Meta to exploit or share even a “single piece” of indian user data without proper protections.
• Questioning the legitimacy of user “consent,” the bench described the 2021 policy as “manufactured consent”, noting that ordinary citizens often have no real understanding of complex legal terms hidden deep inside privacy agreements.
• In a striking statement, the court suggested that if whatsapp could not operate within the bounds of the indian Constitution and protect users’ privacy, it should consider leaving the indian market — a rare and powerful admonition for a global tech giant.

📉 What’s at Stake? Privacy vs. Commercial Interests

The supreme Court’s focus extends beyond legal fines; it is examining how whatsapp uses behavioural and personal data, including whether such data is monetised for targeted advertising — even though end-to-end encryption prevents the platform from reading the content of messages. government lawyers highlighted that personal data is often commercially exploited, turning users into the “product” for advertisers.

This legal confrontation comes amid broader global scrutiny of tech platforms and their practices around data privacy. India’s approach — rooted in constitutional protections and competition law — underscores growing demands for clearer limits on how personal information can be collected, used, and shared.

🕰️ What Happens Next

The matter has been adjourned for further directions, with the supreme court expected to review interim measures and submissions by both sides in upcoming hearings. Meanwhile, the Ministry of Electronics and Information technology has been added as a party to the case, reflecting the government’s active role in shaping data protection norms.

 

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