What is the choice? SC questions Meta, WhatsApp over privacy policy
In a strong 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 policy, 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 SC was hearing the appeals of the tech giants against a Competition Commission of India (CCI) order imposing a penalty of `213.14 crore over the privacy policy.
"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. The CJI further 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 saidOn 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 `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 SC 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.
Mukul Rohatgi appeared for Meta Platforms while Akhil Sibal represented WhatsApp. "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. "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.
