New Delhi : The Supreme Court on Tuesday delivered a stern warning to WhatsApp and its parent company Meta over the instant messaging platform’s data-sharing and privacy policies, stating that user data cannot be exploited for commercial purposes. The court has directed WhatsApp and meta to file detailed replies on data privacy, behavioral analysis and compliance with the Digital Personal Data Protection (DPDP) Act.
The court was hearing a plea challenging WhatsApp’s 2021 privacy policy. Appearing for the government, Solicitor General Tushar Mehta called the policy “exploitative,” highlighting how user data was being shared for commercial gain. Chief Justice Surya Kant responded sharply, saying, If you can’t follow our Constitution, then leave India. We will not allow the privacy of any citizen to be compromised. The hearing involved multiple appeals, including those filed by WhatsApp, Meta, and the Competition Commission of India (CCI), challenging a January 2025 NCLAT order regarding data sharing and market dominance.
The Chief Justice sharply questioned the tech giants’ claims of informed consent, pointing out that millions of users, including street vendors and rural citizens, cannot realistically understand complex privacy policies. Counsel for WhatsApp argued that their privacy policy aligns with international norms, while Meta said that data sharing is limited to the parent company. The court also emphasised that behavioural and commercial exploitation of user data, including targeted advertising based on chat trends, violates users’ rights.
As an interim measure, the Supreme Court ordered WhatsApp not to share any user information with Meta until the matter is fully heard. Solicitor General Mehta and counsel for CCI stressed that user data is being commercially exploited, even if encrypted and that the Digital Personal Data Protection (DPDP) Act must be considered to protect metadata and ensure user consent. The Centre, through the Ministry of Electronics and IT, has also been made a party to the litigation, and the court has asked for instructions on metadata protection.
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