New Delhi: In a stinging rebuke to global tech giants, the Supreme Court on Tuesday told Meta Platforms Inc and WhatsApp that they cannot “play with the right to privacy of citizens in the name of data sharing” and alleged that they were creating a monopoly in the market and committing theft of private information of customers.
Decrying WhatsApp’s privacy police, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi referred to “silent customers” who are unorganised, digitally dependent and unaware of the implications of data-sharing policies, and asserted, “We will not allow the rights of any citizen of this country to be damaged.”
The top court was hearing the appeals of the tech giants against a Competition Commission of India (CCI) order imposing a penalty of Rs 213.14 crore over the privacy policy.
Emphasising the constitutional right to privacy, the CJI cautioned the companies against treating Indian users’ data as a transferable commercial asset.
“What is the choice? You have a complete monopoly in the market, and you are saying I am giving a choice. It is either you walk out of WhatsApp policy or we will share the data,” the bench said
On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) set aside a section of a CCI order that had banned the instant messaging app from sharing data with Meta Platforms for advertising purposes for five years, but retained a Rs 213-crore penalty on the social media platform.
Later, the NCLAT clarified that its order in the WhatsApp matter on privacy and consent safeguards also applies to user data collection and sharing for non-WhatsApp purposes, including non-advertising and advertising.
The top court said that it will pass an interim order on February 9 and ordered that the Ministry of Electronics and Information Technology be also made a party to the appeals of tech giants.
The bench is also seized of a cross-appeal by the CCI, which assailed the NCLAT ruling to the extent it allowed WhatsApp and Meta to continue sharing users’ data for advertising purposes.
During the hearing, the bench asserted that it would not permit the exploitation of personal data of users here under the guise of consent or market choice.
While agreeing to admit the appeals, the bench expressed grave concerns over WhatsApp’s data-sharing framework.
“We may hear the appeal on merits. In the meantime, we will not allow you to share even a single piece of information. If you can give an affidavit of your management with an undertaking, we will hear, or else we will dismiss. You were bought by Facebook, tomorrow Facebook will be bought by someone else and you will transfer the data.
“You cannot play with the right of privacy of this country, let a clear message go on your WhatsApp. You are making a mockery of the constitutionalism of this country,” the CJI said.
At one point, the CJI even began dictating an interim order restraining the platforms from sharing users’ data.
Senior advocates Mukul Rohatgi, appearing for Meta Platforms, and Akhil Sibal, who represented WhatsApp, intervened and said that the NCLAT had ruled in their favour on the issue of data sharing.
When Sibal argued that data sharing was based on consumer consent and that an opt-out mechanism existed, the CJI said, “What do you mean by opt-out? You opt out of the country, withdraw your facilities from here. Because you are creating a monopoly in the market, there is no choice for the consumer.”
The bench questioned the intelligibility and effectiveness of WhatsApp’s privacy policy, particularly for economically and socially vulnerable users.
“A poor woman selling fruits on the streets, will she understand the terms of your policy? The language is very cleverly drafted. Even some of us will not be able to understand it. This is a decent way of committing theft of private information,” the CJI said.
The CJI further referred to “silent customers” who are unorganised, digitally dependent, and unaware of the implications of data-sharing policies.
“How will a person in a remote village in Tamil Nadu or Bihar understand this complicated policy? We will not allow the rights of any citizen of this country to be damaged,” the CJI said.
The bench earlier said that unless Meta and WhatsApp furnished an undertaking that the personal data of users would not be utilised, it would not proceed with the hearing.
Solicitor General Tushar Mehta submitted that personal data is not only sold but also commercially exploited.
Justice Bagchi noted that the bench intended to examine how WhatsApp “rents out” data and uses behavioural analysis to enable targeted advertising through Meta’s ecosystem.
He added that unlike European Union regulations, India’s Digital Personal Data Protection Act, 2023 does not address the economic value of data sharing.
The CJI said if a person messages a doctor on WhatsApp saying that he is unwell and then after a few minutes, the person starts receiving advertisements on medicines through email and YouTube.
In response, Rohatgi and Sibal reiterated that WhatsApp messages are end-to-end encrypted.
When Justice Bagchi questioned whether data that loses privacy online consequently loses all value, the solicitor general assured the bench that the issue would be placed before the appropriate authorities.
“All over the world, judiciaries will have to undertake intensive and innovative oversight of these aspects,” Justice Bagchi said.(PTI)
