India’s Supreme Court on Tuesday questioned WhatsApp data sharing policy with Meta entities, warning of a potential ban reinstatement amid privacy concerns. The hearing addressed a 2024 antitrust fine of $25.4 million, highlighting Meta data exploitation India risks for millions of users.
India’s Supreme Court delivered a stark Supreme Court Meta warning during a hearing on WhatsApp’s data practices, signalling potential regulatory shifts that could impact digital privacy across South Asia. With India as Meta’s largest market, the case underscores vulnerabilities in data handling, affecting cross-border tech operations in the region where user bases exceed 400 million on platforms like Facebook and Instagram.
Supreme Court Meta Warning Details
The Supreme Court, led by Chief Justice Surya Kant, criticised WhatsApp’s privacy policy as misleading and complex. During the session in New Delhi on Tuesday, February 3, 2026, the court examined appeals from WhatsApp, Meta, and India’s antitrust regulator following a dispute over India WhatsApp data sharing.
Chief Justice Kant remarked that the policy was “very cleverly designed to mislead users,” particularly challenging for elderly or rural individuals to comprehend. He emphasised that users faced a “take it or leave it” scenario, with no genuine opt-out, effectively forcing consent for data sharing.
The court warned it would not permit Meta data exploitation India, stating it could reimpose a ban on sharing user data for advertising. This Supreme Court Meta warning came amid arguments that WhatsApp’s dominance in messaging compelled users to accept terms, violating competition and privacy norms.
Lawyers present reported the bench’s view that data sharing amounted to “theft of personal information” in a sophisticated manner. The court highlighted how personal data, including phone numbers, transaction details, and device information, was shared with Meta entities without clear user awareness.
WhatsApp Privacy Policy India Under Fire
The WhatsApp privacy policy India has been contentious since a 2021 update that broadened data sharing with Meta. India’s Competition Commission of India (CCI) investigated, finding the policy abused WhatsApp’s market position by denying opt-outs.
In November 2024, the CCI imposed a $25.4 million fine and barred India WhatsApp data sharing for ads with Meta for five years. The regulator ruled the policy misled users, providing no choice but to accept or lose service access.
WhatsApp appealed, and the National Company Law Appellate Tribunal (NCLAT) in November 2025 lifted the data-sharing ban but upheld the penalty. This prompted cross-appeals to the Supreme Court, where the current hearing focuses on constitutional privacy rights.
The court questioned how vulnerable users could grasp the implications of WhatsApp privacy policy India, especially in a diverse nation like India. It drew parallels to global scrutiny, noting Meta’s 2023 agreement in the European Union to simplify policy language after similar accusations.
Background
The dispute traces to WhatsApp’s 2021 policy changes, which sparked widespread backlash in India over privacy fears. Users worried about Meta data exploitation India through targeted ads, using shared data like interactions with businesses.
India, with an estimated 403 million Facebook users and 481 million on Instagram per DataReportal, represents Meta’s biggest market. WhatsApp, integral to daily communication, claims over 500 million users here, making any restriction significant.
The CCI’s action in 2024 stemmed from complaints that the policy violated antitrust laws by leveraging dominance. The NCLAT’s partial reversal in 2025 argued the ban was disproportionate, but retained the fine for policy flaws.
This case aligns with broader South Asian efforts to regulate big tech. Neighbouring countries like Pakistan and Bangladesh monitor similar privacy issues, as cross-border data flows raise regional security concerns. The Supreme Court Meta warning reflects India’s push for stricter data localisation and consent rules, influenced by the 2017 Puttaswamy judgment affirming privacy as a fundamental right.
Experts note that Meta’s practices could set precedents for other platforms, potentially requiring transparent data policies across the subcontinent. The hearing also touches on economic impacts, as WhatsApp warned in 2024 that bans might force feature pauses, hurting small businesses reliant on the app.
What’s Next
The Supreme Court adjourned the matter, with hearings resuming next week. A final verdict could reinstate the data-sharing ban or mandate policy revisions, influencing WhatsApp privacy policy India.
Observers anticipate possible interim orders restricting India WhatsApp data sharing pending judgment. Meta and WhatsApp may need to demonstrate clearer consent mechanisms to avoid penalties.
The outcome could prompt legislative changes, strengthening India’s data protection framework under the Digital Personal Data Protection Act 2023. Regional implications include heightened scrutiny on foreign tech firms in South Asia, promoting user-centric policies.
In conclusion, the case tests boundaries of India WhatsApp data sharing, balancing innovation with privacy safeguards essential for digital trust.
Published in SouthAsianDesk, February 4th, 2026
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