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.
Chief Justice of India Surya Kant cautioned the US firm, saying, “You can’t play with the privacy of our country, we will not allow you to share a single digit of our data,” and added that the company could leave India if it fails to comply with the nation’s laws.
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.
During the hearing, 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.
“The choice is between the lion and the lamb. Either you file an undertaking that there will be no data sharing, or we will dismiss your case,” the Chief Justice added.
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, however, emphasised that behavioural and commercial exploitation of user data, including targeted advertising based on chat trends, violates users’ rights.
Illustrating the concern, the bench noted instances where users received targeted ads for medicines shortly after private chats with doctors, raising questions about the extent of data monetisation.
As an interim measure, the Supreme Court ordered WhatsApp not to share any user information with Meta until the matter is fully heard.
