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Akbar Novruz

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A landmark legal battle over privacy, data control and the business model of big tech is unfolding in India, as WhatsApp’s 2021 privacy policy faces intense scrutiny from the Supreme Court of India, AzerNEWS reports.

At stake are not just the terms of WhatsApp’s controversial update, but broader questions about privacy rights, consumer choice and the regulation of dominant digital platforms in one of the world’s largest internet markets.

What the case is about

In January 2021, WhatsApp introduced a policy requiring users in India to accept expanded data-sharing terms with its parent company, Meta Platforms, in order to continue using the app. Critics described it as a “take it or leave it” model that gave users no real alternative.

India’s competition watchdog, the Competition Commission of India (CCI), launched an investigation in March 2021, alleging “exploitative and exclusionary conduct”. It argued that Meta was leveraging WhatsApp’s dominant position — with an estimated 853 million users in India — to strengthen its advertising business and disadvantage competitors.

In November 2024, the CCI fined Meta $25m for abusing its dominant position. It also:

Ordered behavioural remedies within three months

Barred WhatsApp from sharing user data with Meta entities for five years

Directed the company to clearly specify the purposes of data sharing

Meta and WhatsApp challenged the order before a company law tribunal, which upheld the fine but stayed the five-year data-sharing ban. In January 2026, the firms approached the Supreme Court to contest the penalty.

During recent hearings, the Supreme Court criticised the “take it or leave it” approach, warning it would not allow companies to “play with” Indians’ constitutional right to privacy or “make a mockery” of the Constitution.

The court described the policy as a potential way of “committing theft of private information” and expressed concern about personal communications being used for targeted advertising. It directed WhatsApp to create a consent-based framework for data sharing.

Privacy has been recognised as a fundamental right in India since a landmark 2017 ruling, raising the stakes of the current case.

WhatsApp’s response

In an affidavit submitted to the court, WhatsApp said it would comply by 16 March with the CCI’s order to give Indian users greater control over their data.

The company stated that:

Users will be able to opt out of sharing data with Meta for advertising

Access to WhatsApp in India will not be conditional on agreeing to data-sharing for non-service purposes

Future policy updates will follow the same requirements

A prominent settings tab will allow users to review or modify consent

WhatsApp also reiterated that personal messages remain protected by end-to-end encryption and claimed that it does not share user data with Meta for advertising purposes unless users opt into optional features.

The company added that it has begun preparing to comply with India’s new digital data protection law, which itself faces constitutional challenges and is due to be heard by a five-judge bench in March.