If you can't follow our Constitution, leave India: Supreme Court warns WhatsApp, Meta over data sharing and user privacy
Top court questions ‘manufactured consent’ in WhatsApp’s 2021 privacy policy
New Delhi: The Supreme Court on Tuesday sharply criticised WhatsApp and its parent company Meta over their data-sharing practices, warning that it would not permit any dilution of users’ right to privacy. The court was hearing a batch of appeals linked to a penalty imposed by the Competition Commission of India (CCI).
The case arises from the CCI’s 2021 order imposing a Rs2.13 billion fine on Meta over WhatsApp’s updated privacy policy, which required users to accept data-sharing terms on a “take it or leave it” basis. The policy was challenged for allegedly forcing consent and allowing extensive data sharing within the Meta group.
In November 2025, the National Company Law Appellate Tribunal (NCLAT) upheld the CCI’s penalty but partially relaxed a five-year ban on data sharing for advertising purposes. A subsequent clarification issued in December allowed such advertising-related data sharing to continue, while directing that users must be given clear opt-out options for both advertising and non-advertising data sharing.
5 things to know
Privacy over profit: The Supreme Court of India said citizens’ right to privacy cannot be sacrificed for the business interests of multinational companies.
Data sharing under fire: The court warned WhatsApp and its parent firm Meta Platforms against sharing user data for targeted advertising.
Possible ban hinted: Judges said they could completely ban such data sharing if strong safeguards are not put in place.
Penalty at the centre of dispute: The case involves a Rs 213 crore fine imposed by the Competition Commission of India for abuse of dominance in the OTT messaging market.
Consent called meaningless: The bench rejected “opt-out” claims, saying users are not properly informed and the system is a “decent way of committing theft of private information.”
Hearing appeals filed by WhatsApp and Meta, along with a separate challenge by the CCI to one of the NCLAT findings, a Bench led by Chief Justice of India Surya Kant took strong exception to the manner in which consent was obtained.
“We will not allow a single piece of information to be shared. You cannot play with the right to privacy in this country,” the Bench observed, describing the practice as a “mockery of constitutionalism”. "If you can't follow our Constitution, leave India. We won't allow citizens' privacy to be compromised."
Justice Joymalya Bagchi noted that the core issue was not merely data sharing, but the nature of consent itself, which the authorities had found to be “manufactured consent”. The Court questioned how consent could be considered voluntary when users had no real choice but to accept the terms to continue using the service.
The Bench also expressed scepticism about the effectiveness of opt-out mechanisms, pointing out that large sections of the population may not understand complex or technical privacy language. It remarked that users were being commercially exploited, with “silent consumers” effectively left without a voice.
Observing that users had become dependent on such platforms, the Court said the real issue was whether individuals were genuinely free to refuse consent, or were compelled to accept the terms or lose access altogether.
Reiterating that the right to privacy is constitutionally protected, the Court said it would not allow the rights of citizens to be compromised. “This is a sophisticated way of committing theft of privacy. We will not permit it,” the Chief Justice said.
The matter has been listed for February 9 for consideration of interim directions. The Court also allowed the Union government to be impleaded as a party and granted it time to file a counter-affidavit.
- with inputs from ANI
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