In Shorts
• India’s Supreme Court sharply criticised WhatsApp’s data sharing practices with Meta.
• Bench said the “take it or leave it” privacy policy undermines genuine consent.
• Court set a February 9 deadline for Meta to assure no user data will be shared.
New Delhi India’s Supreme Court delivered a stern message to WhatsApp and its parent company Meta Platforms over the handling of user privacy, saying the technology giants must adhere strictly to Indian constitutional rights or consider their future in the country.
The hearing, led by Chief Justice Surya Kant along with Justices Joymalya Bagchi and Vipul Pancholi, focused on WhatsApp’s controversial 2021 privacy policy update. That policy required users to agree to expanded data sharing with Meta-owned entities to continue using the service, with little meaningful option to refuse.
The court questioned how consent could be considered valid when users were placed in a position with no real choice, describing such arrangements as “manufactured consent.” Judges expressed concern that complex privacy terms are difficult for ordinary users to understand, effectively forcing acceptance.
During oral arguments, the bench emphasised that the right to privacy is fundamental and not open to negotiation for commercial interests. In strong remarks, the Chief Justice warned that if WhatsApp and Meta cannot comply with India’s constitutional protections, they should “leave India.”
This dispute ties back to a 2024 penalty imposed by the Competition Commission of India, which found WhatsApp had abused its dominant position by making continued access to messaging services conditional on accepting broad data sharing terms. The fine of ₹213.14 crore remains under challenge in court.
Meta’s legal team has argued that not all data is shared, and that WhatsApp’s end-to-end encryption protects personal messages, with limited categories of information involved in cross-company processing. The company also emphasised that its service is free to users and that consent was obtained.
The Supreme Court, however, appeared unconvinced by these arguments, repeatedly underscoring that user privacy cannot be balanced against advertising or business models. The bench has asked Meta and WhatsApp to file a clear undertaking by February 9 that no user information will be shared without unambiguous consent.
Despite the dramatic language, an abrupt exit by WhatsApp from India is currently seen as unlikely, given the platform’s massive user base. Legal experts say the court’s comments should be interpreted as pressure to force meaningful changes to privacy practices rather than an imminent ban.
As the case unfolds, the outcome could reshape how large social platforms operate in India, potentially setting precedent for stricter user data protections and influencing global debates over digital privacy rights.
Leave a Reply