India’s Supreme Court is closely examining WhatsApp’s 2021 privacy policy, in a legal battle that raises questions about privacy, data control, and the business model of big tech. WhatsApp, India’s most popular messaging platform, has over 850 million users in the country, making the case a significant test for digital regulation.
The scrutiny comes after the Competition Commission of India (CCI) challenged WhatsApp and its parent company Meta for imposing a “take it or leave it” policy requiring users to share data with Meta for advertising purposes. Critics say the policy gave users no real choice, while WhatsApp argued that users could continue using the app even if they opted out of data sharing.
In a recent affidavit to the Supreme Court, WhatsApp said it would comply with an order by 16 March 2026, implementing a consent-based framework to give users greater control over how their data is shared. The company stressed that personal messages remain protected by end-to-end encryption and that data would not be shared for advertising unless users chose optional features.
The court has criticized WhatsApp’s approach, calling it a form of “committing theft of private information” and warning that the platform cannot “play with” Indians’ right to privacy under the Constitution. The ruling comes amid broader concerns over personal communications being used for targeted advertising.
Background of the Case
The controversy began in March 2021, when the CCI launched an investigation into WhatsApp’s policy changes, alleging exploitative and exclusionary conduct. In November 2024, Meta was fined $25 million for abusing its dominant position and ordered to implement remedies, including a five-year ban on sharing user data with Meta entities and clearer disclosures in the privacy policy.
WhatsApp and Meta challenged the ruling, and while a company law tribunal upheld the fine, it stayed the five-year ban, leading to ongoing proceedings before the Supreme Court.
User Control and Regulatory Compliance
WhatsApp’s affidavit promises to notify users about data-sharing options and allow them to review or modify their choices through a prominent app tab. It confirmed that future policy updates will comply with these requirements and that it has begun preparing to adhere to India’s new digital data protection law, currently under review by the Supreme Court.
Some users and digital rights activists have welcomed the move, emphasizing that big tech companies should not exploit large developing markets solely for profit. Others, including activist Nikhil Pahwa, argue that advertising is a legitimate business model and that users can opt out or switch to alternatives like Signal or Telegram if uncomfortable.
The Supreme Court has not yet ruled on the penalty against Meta, and a five-judge bench is set to hear the case on India’s digital data protection law in March 2026. The outcome could have major implications for privacy rights, user choice, and the regulation of dominant online platforms in India and globally.
