Supreme Court to Hear Meta-WhatsApp Privacy Policy Case Today

The Supreme Court of India is set to hear arguments on February 23 regarding appeals filed by Meta Platforms Inc. And WhatsApp concerning a November 4, 2025 ruling by the National Company Law Appellate Tribunal (NCLAT) and an earlier penalty imposed by the Competition Commission of India (CCI). The core of the dispute centers on WhatsApp’s privacy policy and whether it violates Indian competition law.

The CCI initially levied a penalty of ₹213.14 crore (approximately $25.6 million USD, based on current exchange rates) on Meta and WhatsApp for allegedly abusing their dominant position in the market through WhatsApp’s privacy policy. The CCI argued that the policy’s terms were anti-competitive and potentially harmful to user privacy. The original CCI order focused on concerns that WhatsApp was forcing users to consent to data sharing with Meta for continued use of the messaging service.

WhatsApp and Meta appealed the CCI’s decision to the NCLAT. While the NCLAT upheld the monetary penalty, it partially overturned a key aspect of the CCI’s order. Specifically, the NCLAT removed the CCI’s directive that had barred WhatsApp from sharing user data with Meta for advertising purposes for five years. However, the NCLAT clarified that its ruling regarding privacy and consent safeguards applied to all user data collection and sharing, including both advertising and non-advertising uses.

The current Supreme Court case involves appeals from both Meta and WhatsApp challenging the CCI’s original penalty, as well as a cross-appeal from the CCI contesting the NCLAT’s decision to allow continued data sharing for advertising. This cross-appeal is a critical component of the case, as it directly addresses the CCI’s concerns about the potential for anti-competitive practices stemming from the sharing of user data between WhatsApp and Meta’s other platforms.

During a previous hearing on February 3, 2026, the Supreme Court bench, led by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi, expressed strong reservations about Meta and WhatsApp’s data-sharing practices. The bench stated that the companies could not “play with the right to privacy of citizens in the name of data sharing.” The court also raised concerns about the potential for monopolistic behavior and the alleged “theft of private information” from users.

The court specifically highlighted the vulnerability of “silent customers” – those who are digitally dependent, unorganized, and potentially unaware of the implications of data-sharing policies. This concern underscores the court’s focus on protecting the privacy rights of all citizens, particularly those who may not have the technical expertise or resources to fully understand and control their data.

The legal challenge stems from WhatsApp’s 2021 privacy policy update, which outlined how user data would be shared with Meta companies. This update sparked significant controversy in India, with privacy advocates and users raising concerns about the potential for misuse of personal information. The core issue revolves around the extent to which WhatsApp can share user data with its parent company, Meta, for purposes beyond providing the messaging service itself.

The case has broader implications for data privacy and competition law in India. A ruling in favor of the CCI could set a precedent for stricter regulation of data-sharing practices by large technology companies operating in the country. Conversely, a ruling in favor of Meta and WhatsApp could provide greater flexibility for companies to leverage user data for business purposes, potentially at the expense of user privacy.

The Ministry of Electronics and Information Technology (MeitY) has been impleaded as a party in the appeals, indicating the government’s interest in the outcome of the case. Solicitor General Tushar Mehta, representing the government, has argued that personal data is not only collected but also “commercially exploited.” He emphasized the lack of a clear opt-out mechanism for users concerned about data sharing.

The Supreme Court’s decision will likely shape the future of data privacy regulations and competition enforcement in India’s rapidly growing digital economy. The outcome will be closely watched by technology companies, privacy advocates, and regulators alike, as it could have far-reaching consequences for the way user data is collected, shared, and used in India.

Senior advocates Mukul Rohatgi and Akhil Sibal are representing Meta and WhatsApp, and have previously informed the court that the penalty amount has already been deposited. The court’s scrutiny of the data-sharing practices highlights the increasing global focus on protecting user privacy and ensuring fair competition in the digital marketplace.