India’s Supreme Court Takes Strong Stand on WhatsApp Data-Sharing Policy

India’s top court on Tuesday sharply questioned WhatsApp’s privacy policy that allows the popular messaging platform to share user data with its parent company, Meta, warning that the policy could be misleading and may undermine users’ privacy rights.

At a hearing in the Supreme Court, Chief Justice Surya Kant and a bench of judges examined an appeal against a longstanding dispute between WhatsApp and India’s antitrust regulator over the app’s 2021 privacy policy. The policy, critics contend, compels users to accept broad data-sharing terms with Meta entities if they wish to continue using the service, leaving them with little meaningful choice.

The Competition Commission of India (CCI) had previously fined WhatsApp ₹213 crore for abusing its dominant position by making continued access conditional on agreeing to expanded sharing of personal information. An appellate tribunal later eased some restrictions on data sharing for advertising purposes but upheld the fine, prompting both sides to approach the Supreme Court.

During Tuesday’s proceedings, justices questioned whether ordinary users — including elderly and rural citizens — could truly understand the implications of the privacy terms. The bench suggested that the policy’s language and structure might be “cleverly designed to mislead users” about how their information is used and shared for commercial purposes.

WhatsApp declined to comment on the remarks, citing the ongoing legal process. The company has previously said that certain data, like phone numbers and device information, may be shared with Meta to improve services and for safety purposes.

India is one of Meta’s largest markets, and a decision to reinstate restrictions on data sharing or impose fresh conditions could have significant business implications. The Supreme Court is expected to continue hearings on the matter next week as it weighs the balance between user privacy protections and digital platform practices