New Delhi | 3 February 2026

The Supreme Court on Tuesday came down strongly on WhatsApp and its parent company Meta over concerns related to user data sharing, making it clear that citizens’ right to privacy cannot be violated in the name of technology or business practices. During the hearing, the court firmly told Meta, “You can’t play with the right to privacy of citizens of this country in the name of data sharing,” underlining that privacy is a constitutional right that cannot be diluted.

Questioning Meta’s defence based on user consent and opt-out options, the top court expressed serious doubts over how meaningful such consent really is. The bench remarked that raising the issue of opting out itself amounts to “a decent way of committing theft of private information.” The court observed that privacy policies of large technology companies are often “so cleverly crafted that citizens will not understand,” leaving users with little real choice or clarity.

While hearing the appeals filed by WhatsApp and Meta against a Competition Commission of India (CCI) order, the Supreme Court also decided to widen the scope of the case. It made the Ministry of Electronics and Information Technology (MeitY) a party to the proceedings and said that interim orders would be passed on February 9. The appeals challenge the CCI’s penalty imposed on WhatsApp over its “take it or leave it” privacy policy.

The case relates to WhatsApp’s 2021 privacy policy update, which drew regulatory scrutiny for allegedly forcing users to allow data sharing within the Meta group to continue using the app. In November last year, the National Company Law Appellate Tribunal upheld the CCI’s penalty of ₹213.14 crore, agreeing that the policy imposed unfair and exploitative conditions. While one restriction on data sharing for advertising was set aside, the findings on abuse of dominance were largely upheld, reinforcing concerns over user privacy and lack of genuine consent.

 ‘You Can’t Play With Citizens’ Privacy’: Supreme Court Pulls Up WhatsApp and Meta

The Supreme Court on Tuesday took a tough stand against WhatsApp and its parent company Meta over concerns of user data sharing. The court clearly said that the privacy of Indian citizens cannot be compromised for business or technology reasons. Strongly warning the company, the bench said, “You can’t play with the right to privacy of citizens of this country in the name of data sharing.”

The judges also questioned Meta’s argument that users give consent and have the option to opt out. The court observed that such policies are often “so cleverly crafted that citizens will not understand.” It added that asking where the option to opt out exists is “a decent way of committing theft of private information,” making it clear that forced consent cannot be treated as genuine approval.

The remarks were made while the court was hearing appeals filed by WhatsApp and Meta against an order of the Competition Commission of India. The CCI had imposed a penalty over WhatsApp’s “take it or leave it” privacy policy, which required users to accept data sharing to continue using the app. The Supreme Court also made the Ministry of Electronics and Information Technology a party to the case and said interim orders will be passed on February 9.

The dispute goes back to WhatsApp’s 2021 privacy policy update, which raised serious questions about user choice and data protection. Earlier, the National Company Law Appellate Tribunal upheld a ₹213.14 crore penalty on WhatsApp and Meta, stating that the policy imposed unfair conditions on users. The tribunal agreed that the policy left users with no real choice, strengthening concerns over privacy and misuse of dominant position.