The Supreme Court of India on Tuesday delivered a stern message to Meta Platforms, the parent company of WhatsApp, over concerns surrounding user privacy and data sharing practices. During a hearing related to WhatsApp’s privacy policy, the apex court made it clear that global technology companies must comply fully with Indian laws if they wish to operate in the country.
A bench led by Chief Justice Surya raised serious questions about how user data is collected, processed, and shared under WhatsApp’s existing privacy framework. The court expressed concern that Indian citizens could be vulnerable to misuse of personal information and warned against any practices that compromise privacy rights.
Addressing Meta’s legal representatives, the bench observed that India would not allow exploitation of its users under the guise of technology or business operations. The Chief Justice remarked that companies unwilling to follow Indian law should reconsider operating within the country, underscoring the judiciary’s firm stance on data protection and user rights.
The case relates to WhatsApp’s updated privacy policy, which has been under scrutiny for several years. Critics argue that the policy allows extensive data sharing between WhatsApp and Meta’s other platforms, including Facebook and Instagram, raising concerns about surveillance, targeted advertising, and profiling of users.
During the proceedings, the court emphasised that privacy is a fundamental right guaranteed under the Indian Constitution. It noted that any entity handling sensitive personal data must adhere to transparency, consent-based usage, and strict legal safeguards.
Meta’s counsel maintained that WhatsApp complies with Indian regulations and that user data is protected through end-to-end encryption. However, the court pointed out that encryption of messages alone does not address broader concerns related to metadata collection, business messaging, and data integration across platforms.
The bench also highlighted the importance of India’s evolving digital ecosystem, stating that millions of users rely on messaging platforms for personal, professional, and financial communication. Given this scale, the responsibility on technology firms to protect user data is significantly higher.
Legal experts note that the court’s remarks signal increased judicial scrutiny of Big Tech companies operating in India. The observations come at a time when India is strengthening its digital governance framework, including stricter norms under the Digital Personal Data Protection Act.
The Supreme Court has not passed a final order in the matter yet and is expected to continue hearing arguments from both sides. The outcome of the case could have wide-ranging implications for how global technology companies structure their data policies in India.
The court reiterated that while innovation and digital growth are welcome, they cannot come at the cost of citizens’ fundamental rights.
