Supreme Court Slams WhatsApp Over Privacy Policy

India's Supreme Court delivered a stern warning to WhatsApp and Meta on February 3, 2026, criticizing their privacy policy as "theft of private information" and threatening to block all data…

By Hardik Dhamija

February 4, 2026

2 min read

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India’s Supreme Court delivered a stern warning to WhatsApp and Meta on February 3, 2026, criticizing their privacy policy as “theft of private information” and threatening to block all data sharing unless the companies provide clear user safeguards.

Supreme Court vs WhatsApp: Case Overview

Detail	Information
Penalty Amount	₹213.14 crore
Imposed By	Competition Commission of India (CCI)
Issue	2021 “take-it-or-leave-it” privacy policy
Court Bench	CJI Surya Kant, Justice Bagchi, Justice Pancholi
Next Hearing	February 9, 2026
Users Affected	500+ million Indians

Supreme Court vs WhatsApp: Core Issues

Chief Justice Surya Kant questioned WhatsApp’s user choice claim, noting its monopoly forces users to accept data sharing or abandon the service. With 500+ million users, India is WhatsApp’s largest market.

The Court flagged the absent opt-out mechanism and incomprehensible policy language. Justice Bagchi called this “manufactured consent.”

Solicitor General Tushar Mehta highlighted that personal data faces commercial exploitation. The bench questioned how metadata from communications triggers targeted ads within minutes.

CCI Penalty Explained

The Competition Commission imposed the penalty in November 2024 after finding WhatsApp’s 2021 policy abused its dominant position. The NCLAT upheld this in November 2025.

Unlike the 2016 policy with opt-outs, the 2021 update made Meta data sharing mandatory—deemed anti-competitive under the Competition Act, 2002.

What’s Next?

The Court adjourned until February 9, allowing Meta and WhatsApp to explain data practices. The IT Ministry joins as a party. The Court warned it won’t permit sharing “even a single piece of information” without safeguards.

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Privacy at a Crossroads

This case marks a critical moment for Indian data privacy. While the Digital Personal Data Protection Act 2023 exists, enforcement begins only in 2027. The Court’s firm stance signals stricter oversight of global tech platforms in India’s digital ecosystem.