The Supreme Court on Tuesday issued a stern warning to WhatsApp and its parent company Meta, asserting that Indian users’ right to privacy cannot be compromised for business or technological interests. The apex court made it clear that any misuse or sharing of user data would not be tolerated, even cautioning the companies to “exit India” if they fail to respect constitutional values.
A bench led by Chief Justice Surya Kant, along with Justice Joymalya Bagchi, strongly criticized the US-based firm during a hearing related to WhatsApp’s controversial 2021 “take it or leave it” privacy policy. The court said it would not allow the sharing of “even a single digit” of Indian user data and described the practice as a “mockery of constitutionalism.”
The case stems from the Competition Commission of India’s (CCI) decision to fine WhatsApp Rs 213 crore for abusing its dominant position by forcing users to accept a revised privacy policy that enabled data sharing with other Meta platforms. While the National Company Law Appellate Tribunal later upheld the fine, it lifted a five-year restriction on data sharing, a move now under challenge.
Justice Bagchi questioned the validity of user consent obtained under a forced policy, calling it “manufactured consent.” The court directed Meta to file an affidavit clearly stating that WhatsApp user data will not be shared for advertising purposes, warning that failure to comply could result in dismissal of the company’s appeal.
Meta and WhatsApp have been given time to submit a detailed response, with the matter scheduled for further hearing on February 9.
