“Follow India’s Privacy Law or Leave India”: Supreme Court Warns WhatsApp and Meta

Delhi: The Supreme Court of India on Tuesday sent a strong and clear message to WhatsApp and its parent company Meta, saying that the privacy of Indian citizens cannot be compromised under any circumstances. The top court made it clear that if the company cannot follow India’s constitutional rules on data protection, it is free to exit the country.

A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, sharply criticised WhatsApp’s data-sharing practices linked to its 2021 privacy policy. The court said that not even a single word of Indian users’ data can be shared without strict legal protection.

During the hearing, the Chief Justice said companies cannot misuse technology and confusing legal language to take advantage of people. He warned Meta that India takes the right to privacy very seriously and will not allow any dilution of constitutional safeguards. The court told the company to give a clear undertaking that Indian user data will not be misused, failing which strict orders would be passed.

The case relates to WhatsApp and Meta challenging a Competition Commission of India (CCI) order that imposed a fine of over ₹213 crore for unfair data practices. The Supreme Court also directed that the Ministry of Electronics and Information Technology be added as a party to the case, highlighting the seriousness of the issue.

The government, represented by Solicitor General Tushar Mehta, strongly opposed WhatsApp’s policy, calling it exploitative. He argued that the app uses personal data for commercial gains without users fully understanding what they are agreeing to.

The bench raised a crucial question: whether ordinary citizens—such as daily wage workers, street vendors, or people who do not understand English—can truly comprehend WhatsApp’s privacy terms. The judges observed that the policy appears to be written in a way that benefits the company while confusing users.

Delhi: The Supreme Court of India on Tuesday sent a strong and clear message to WhatsApp and its parent company Meta, saying that the privacy of Indian citizens cannot be compromised under any circumstances. The top court made it clear that if the company cannot follow India’s constitutional rules on data protection, it is free to exit the country.

A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, sharply criticised WhatsApp’s data-sharing practices linked to its 2021 privacy policy. The court said that not even a single word of Indian users’ data can be shared without strict legal protection.

During the hearing, the Chief Justice said companies cannot misuse technology and confusing legal language to take advantage of people. He warned Meta that India takes the right to privacy very seriously and will not allow any dilution of constitutional safeguards. The court told the company to give a clear undertaking that Indian user data will not be misused, failing which strict orders would be passed.

The case relates to WhatsApp and Meta challenging a Competition Commission of India (CCI) order that imposed a fine of over ₹213 crore for unfair data practices. The Supreme Court also directed that the Ministry of Electronics and Information Technology be added as a party to the case, highlighting the seriousness of the issue.

The government, represented by Solicitor General Tushar Mehta, strongly opposed WhatsApp’s policy, calling it exploitative. He argued that the app uses personal data for commercial gains without users fully understanding what they are agreeing to.

The bench raised a crucial question: whether ordinary citizens—such as daily wage workers, street vendors, or people who do not understand English—can truly comprehend WhatsApp’s privacy terms. The judges observed that the policy appears to be written in a way that benefits the company while confusing users.

Calling the policy a “cleverly designed trap,” the court said privacy cannot be stolen silently through complicated terms and conditions. The judges stressed that India will protect its citizens’ digital rights, regardless of how powerful a company is.