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Supreme Court presses WhatsApp on user privacy
India's highest court has demanded greater transparency from WhatsApp over its data-sharing practices with parent company Meta, setting the stage for a pivotal ruling on digital privacy and corporate accountability in the world's most populous democracy.
Court criticizes 'take it or leave it' approach
During hearings this month, the Supreme Court condemned WhatsApp's 2021 privacy update, which required users to accept data-sharing terms with Meta to continue using the app. Justices warned the company against "playing with" constitutional protections, calling the policy a potential "mockery" of India's fundamental right to privacy.
The court also expressed alarm over the use of personal communications for targeted advertising, ordering WhatsApp to create a consent-based framework for data sharing.
WhatsApp pledges compliance amid regulatory pressure
In a recent affidavit, WhatsApp committed to complying with a March 16 deadline to give Indian users more control over their data. The company stated that users could opt out of sharing information with Meta for advertising while still accessing the app's core services.
"Sharing of user data collected on WhatsApp with other Meta companies for purposes other than providing WhatsApp services shall not be a condition for users to access the platform in India."
WhatsApp affidavit to the Supreme Court
The affidavit clarified that personal messages remain protected by end-to-end encryption and that data sharing for advertising would only occur if users opt into optional features.
Regulatory crackdown and legal battles
The dispute traces back to March 2021, when India's Competition Commission (CCI) launched an investigation into Meta's alleged "exploitative and exclusionary conduct." The CCI argued that WhatsApp's dominance-with 853 million users in India-allowed Meta to unfairly restrict rivals' access to advertising markets.
In November 2024, the CCI fined Meta $25 million for abusing its market position and barred WhatsApp from sharing user data with Meta entities for five years. While a tribunal later suspended the data-sharing ban, the fine was upheld. Meta and WhatsApp appealed to the Supreme Court in January 2026.
Debate over big tech's role in India
Digital rights activists have praised the court's scrutiny, arguing that tech giants should not exploit developing markets for profit. However, critics like activist Nikhil Pahwa contend that advertising is a legitimate business model and that users dissatisfied with WhatsApp's policies can switch to alternatives like Signal or Telegram.
"If sharing data to enable advertising is an abuse of dominance, then Gmail and Google Maps should also face restrictions. Where does this end?"
Nikhil Pahwa, digital rights activist
The case coincides with broader regulatory shifts in India, including a new digital data protection law facing its own Supreme Court challenge. Petitioners argue the law could enable government surveillance and infringe on free speech.
What's next
The Supreme Court has yet to rule on Meta's appeal against the $25 million fine. Meanwhile, a five-judge bench will hear arguments in March on the constitutionality of India's digital data protection law, adding another layer to the debate over privacy and corporate power.
