India's top court warns Meta: "Cannot play with privacy of citizens" in WhatsApp data case

India’s Supreme Court issued a sharp rebuke to Meta on Tuesday, cautioning the technology conglomerate that it cannot “play with the right to privacy of citizens in the name of data sharing.” The bench, led by Chief Justice Surya Kant, was hearing appeals filed by Meta and its messaging platform WhatsApp against an antitrust ruling that upheld a $25.4 million fine imposed by India’s Competition Commission (CCI).

Privacy Terms Called “Cleverly Crafted”

The justices described privacy policies as “so cleverly crafted” that ordinary users cannot comprehend them, adding that such terms represent “a decent way of committing theft of private information.” The court directed Meta to provide an undertaking on data handling, warning it would issue a formal order otherwise. “We will not allow you to share a single word of the data… you cannot violate the right of privacy of citizens,” Justice Kant stated.

Background of the Case

The legal dispute originated from WhatsApp’s 2021 privacy policy update, which allowed user data to be shared across Meta’s platforms, including Facebook and Instagram. In November of last year, the National Company Law Appellate Tribunal set aside a CCI order blocking WhatsApp from sharing user data with other Meta companies for advertising, but upheld the fine. The CCI had penalized Meta for “abusing its dominant position” in the way it implemented the privacy policy and collected user data.

India as a Key Market

India is WhatsApp’s largest market, with over 500 million users, and also hosts the world’s largest Facebook and YouTube audiences. The Supreme Court’s remarks signal heightened judicial scrutiny over how global tech giants handle personal data in India, where digital privacy rights have gained stronger constitutional protection in recent years.