A major legal dispute over privacy, data control and the business practices of dominant digital platforms is unfolding in India, as the country’s Supreme Court examines WhatsApp’s 2021 privacy policy and its data-sharing arrangements with parent company Meta.
The case centres on whether WhatsApp’s policy violated users’ privacy rights and competition laws by requiring them to share data with Meta companies as a condition for continuing to use the app.
Supreme Court Criticism And Compliance Pledge
In recent hearings, the Supreme Court criticised WhatsApp’s 2021 “take it or leave it” policy, warning that it would not permit the company to “play with” Indians’ constitutional right to privacy. The court said it would not allow companies to “make a mockery” of privacy protections guaranteed as a fundamental right.
WhatsApp has told the court it will comply by 16 March with an order requiring it to provide Indian users greater control over how their data is shared with Meta. In an affidavit seen by the BBC, the company said users would be able to continue using the service even if they opt out of data sharing for advertising purposes.
“Sharing of user data collected on WhatsApp with other Meta companies or Meta company products for purposes other than for providing WhatsApp services shall not be made a condition for users to access WhatsApp service in India,” the affidavit stated.
The company added that future policy updates would also follow these requirements.
Competition Watchdog Action And Fine
The legal battle began in March 2021 when the Competition Commission of India ordered an investigation, alleging that Meta had engaged in exploitative and exclusionary conduct.
The regulator said that requiring users to share data with Meta companies allowed the firm to leverage WhatsApp’s dominance in India and restrict advertising access for rivals. It argued that users were left with “no real choice.”
In November 2024, the CCI fined Meta $25m for abusing its dominant position and directed WhatsApp and Meta to implement behavioural remedies within three months. It barred WhatsApp from sharing user data with Meta entities for five years and required clearer disclosure of data-sharing purposes in its privacy policy.
WhatsApp and Meta challenged the order before a company law tribunal. The tribunal upheld the penalty but stayed the five-year data-sharing ban. In January 2026, the companies moved the Supreme Court to contest the fine.
User Impact And Market Reach
WhatsApp is India’s most widely used messaging platform, with about 853 million users, according to World Population Review. Competing services such as Signal, Telegram and India-based Koo operate in the market but do not match WhatsApp’s scale.
The 2021 update drew user criticism because, unlike a 2016 policy that allowed existing users to opt out of data sharing for advertising, the new terms required acceptance to continue using the service.
The Supreme Court described the policy earlier this month as a method of “committing theft of private information” and expressed concern about personal communications being used for targeted advertising. The court directed WhatsApp to develop a consent-based framework for data sharing.
Data Protection Law And Wider Debate
In its affidavit, WhatsApp reiterated that personal messages are protected by end-to-end encryption and said it would notify users about opt-out options through a prominent settings tab. The company stated it does not share user data with Meta for advertising except where users choose optional features, and that data will not be shared if those features are not used.
WhatsApp also said it has begun preparing compliance measures under India’s new digital data protection law.
That law is itself under challenge before the Supreme Court, where petitioners argue it infringes rights to information and free speech and could enable surveillance. A five-judge bench is scheduled to hear that case in March.
The Supreme Court has not yet ruled on the fine imposed on Meta.
Some digital rights advocates have welcomed increased scrutiny of large technology companies operating in developing markets. Others argue that advertising is a legitimate business model.
Nikhil Pahwa, a digital rights activist, said that monetising user metadata is consistent with commercial practices online. He noted that users who are uncomfortable with WhatsApp’s policies can switch to alternatives such as Signal or Telegram.
He also questioned whether prohibiting data sharing for advertising on dominant platforms could extend to other services such as Gmail, Google Maps and Search.
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