Supreme Court of India criticizes Meta over WhatsApp privacy policy

Meta Delegation

New Delhi, February 3, 2026 – India’s Supreme Court on Tuesday strongly reprimanded Meta Platforms, particularly WhatsApp, over its privacy policy, warning the company against exploiting the personal data of Indian users. The court emphasized that citizens’ right to privacy is paramount and must not be undermined by corporate practices.

Meta, the American technology giant behind Facebook, Instagram, WhatsApp, and Threads, serves millions of Indian users daily who rely on these platforms for messaging, video calls, and sharing reels. The Supreme Court hearing involved appeals filed by Meta challenging a National Company Law Appellate Tribunal (NCLAT) ruling that upheld a penalty of over 2.13 billion Indian rupees (approximately $23.62 million) imposed by the Competition Commission of India (CCI) for WhatsApp’s privacy practices. Meta has reportedly deposited the penalty amount.

During the proceedings, a three-judge bench questioned the legitimacy of users’ consent under WhatsApp’s “take it or leave it” policy, highlighting that millions of less-educated and economically disadvantaged people might agree to terms without understanding the implications. Chief Justice Surya Kant remarked, “Will a poor woman selling fruits on the street understand your policy? Will your domestic helper understand it? You may have collected data from millions of people. This is a decent way of committing theft of private information, and we will not allow it.”

The Supreme Court’s stern warning signals strict scrutiny of data privacy practices by global tech companies in India and reinforces the protection of citizens’ digital rights.