New Delhi: The Supreme Court of India on Tuesday sharply criticized Meta Platforms Inc. and WhatsApp during hearings related to their 2021 privacy policy, warning the companies against misusing Indian users’ personal data. Chief Justice of India Suryakant reportedly stated that if these companies cannot comply with the Constitution, they are free to leave the country.
The Case:
The dispute centers on WhatsApp’s 2021 privacy policy, which required users to share personal details with Meta. Users were reportedly not given a real option to opt out. The Competition Commission of India (CCI) considered this an abuse of dominance in the Indian market and imposed a hefty penalty of ₹213.14 crore. In January 2025, the National Company Law Appellate Tribunal (NCLAT) removed the finding of abuse of dominance but upheld the fine. Meta challenged this decision in the Supreme Court.
Court’s Stance on Data Sharing:
During the hearing, the Chief Justice questioned the effectiveness of the “opt-out” option, pointing out that in a market with no alternatives, users effectively have no choice but to accept the policy. The Court emphasized that companies cannot “play” with the right to privacy of Indian citizens. The CJI also stated that proceedings will not move forward until the companies submit an affidavit assuring that user data will not be misused.
CJI Shares Personal Experience:
The Chief Justice illustrated the concerns with a personal example, noting that even sending a medical message to a doctor on WhatsApp could trigger targeted advertisements. Although WhatsApp’s lawyers insisted that messages are end-to-end encrypted, the Court expressed serious concerns regarding the potential misuse of user data. The CJI described the policy as misleading and difficult for ordinary users to understand, asking, “How will a poor elderly woman, a roadside vendor, or a woman who speaks only Tamil, comprehend this?”
The Court has directed Meta to submit a detailed affidavit explaining its activities and measures for data protection. The next hearing has been scheduled for Monday.
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