India’s Supreme Court to WhatsApp: ‘You cannot play with the right to privacy’

India’s Supreme Court on Tuesday issued an unusually stern warning to Meta, telling the social media giant that it would not be allowed to “play with the right to privacy” of Indian users, as judges sharply questioned how WhatsApp collects and monetises personal data.

The remarks came during a hearing in which Meta challenged a penalty imposed over WhatsApp’s 2021 privacy policy update. Judges repeatedly pressed the company on how users could provide meaningful consent to data-sharing practices in a market where WhatsApp functions as the de facto communications platform for much of the population.

With more than 500 million users, India represents WhatsApp’s most significant market worldwide and a crucial growth engine for Meta’s advertising business. The judges raised concerns about the potential commercial value of WhatsApp metadata and its potential to be leveraged across Meta’s broader advertising and artificial intelligence operations.

During the proceedings, Chief Justice Surya Kant said the Supreme Court would not permit Meta or WhatsApp to share even “a single piece of information” while the appeal remains pending. He argued that users effectively have no real choice but to accept WhatsApp’s terms if they wish to continue using the service.

Describing WhatsApp as a monopoly in practice, Justice Kant questioned how “a poor woman selling fruits on the street” or a domestic worker could reasonably be expected to understand how their personal data is being collected, analysed, and monetised.

Other members of the bench echoed those concerns. Justice Joymalya Bagchi said the court wanted to closely examine the commercial value of behavioural data and its use intargeted advertising. He noted that even anonymised or segregated data can still carry significant economic value. Government lawyers reinforced that argument, saying personal data was not merely collected but actively commercialised.

Lawyers representing Meta argued that WhatsApp messages are protected by end-to-end encryption and cannot be accessed even by the company itself. They maintained that the 2021 privacy policy did not weaken user protections or permit the use of message content for advertising.

The dispute stems from WhatsApp’s 2021 privacy policy update, which required users in India to agree to expanded data-sharing terms with Meta or stop using the service altogether. India’s competition regulator later imposed a ₹2.13 billion penalty, roughly $23.6 million, concluding that WhatsApp had abused its dominant position in the messaging market. That decision was upheld on appeal, after which Meta and WhatsApp moved the Supreme Court to challenge the ruling. Meta’s legal team told the court that the penalty had already been paid.

The Supreme Court has now adjourned the case until February 9, giving Meta and WhatsApp additional time to provide a more detailed explanation of their data practices. At the recommendation of the competition regulator, the court also agreed to add India’s IT ministry as a party to the case, broadening the scope of the proceedings.

Meta declined to comment on the matter.

WhatsApp has faced growing scrutiny over its privacy practices globally. In the United States, authorities have reportedly examined claims that WhatsApp chats may not be as private as the company claims, adding to broader concerns about how encrypted messaging platforms manage user data.

In India, WhatsApp is also facing new regulatory pressures, including recently introduced SIM-binding rules aimed at curbing fraud. Those measures could limit how extensively small businesses can rely on the messaging platform for commerce and customer communication.