Won’t allow exploitation of Indians’ privacy: SC pulls up Meta, Whatsapp on data use

The Supreme Court on Tuesday issued strong warning to Meta Platforms and WhatsApp over their data-sharing practices, saying the Court would not permit any attempt to “exploit the personal information of Indians”. 

The remarks came during the hearing of appeals filed by the two companies challenging the National Company Law Appellate Tribunal’s decision to uphold a Rs 213.14 crore penalty imposed by the Competition Commission of India (CCI) for WhatsApp’s 2021 privacy policy.

The regulator had earlier found that the policy forced users into a “take-it-or-leave-it” framework tied to expanded data sharing with Meta entities. While the tribunal later eased restrictions on advertising-linked data use, it retained the penalty, leading both sides to move the Court.

A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi heard the matter. Senior advocates Mukul Rohatgi and Akhil Sibal said the penalty amount had already been deposited.

The dispute traced back to the CCI’s 2024 order finding that WhatsApp, dominant in India’s messaging market, tied continued use to accepting its updated data-sharing terms. Meta and WhatsApp challenged the ruling before the NCLAT, which in November 2025 set aside parts of the order related to advertising integration but upheld the monetary penalty, prompting further appeals before the Supreme Court.

“We will not allow a single bit of information to be shared”

Chief Justice Surya Kant took a firm line on the privacy implications of the 2021 policy. “We will not allow you to share even a single information. You cannot play with the rights of this country,” he said, questioning how users, especially those with limited digital literacy, could meaningfully understand or opt out of complex privacy terms. He added that WhatsApp had “created a monopoly” leaving users with no real choice, Live Law reported.

When counsel argued that users had an option to opt out, the bench pushed back, calling the policy a “decent way of committing theft of private information”.

Court flags data monetisation and ad targeting

Solicitor General Tushar Mehta said personal data was not only shared but “commercially exploited”. Justice Bagchi added that the Court wanted to examine how behavioural patterns were used to target users with ads. “Every silo of data has a value,” he said, noting that the Digital Personal Data Protection Act was yet to take effect and did not address valuation in the way European rules do.

Chief Justice Kant also shared a personal example, saying that even after sending a message privately to a doctor, ads related to the conversation appeared. Meta’s counsel categorically denied this, reiterating that WhatsApp chats were end-to-end encrypted and not visible to the company.

Senior Advocate Samar Bansal, appearing for CCI, said the regulator had already examined WhatsApp’s ad-driven model. 

“Their entire revenue comes from advertising. We are the products,” he said.

Meta to file affidavit; Centre added as party

After sustained questioning, Meta agreed to file an affidavit explaining its data-handling practices. The bench adjourned the matter till next Monday and also directed that the Ministry of Electronics and Information Technology be made a party to the proceedings.