A big legal fight has reached the Supreme Court over WhatsApp’s alleged privacy violations. The company told the Court that all personal messages remain end-to-end encrypted, and it is ready to comply with the CCI’s data-sharing rules meant to empower users.
In an affidavit filed with the Supreme Court, WhatsApp reaffirmed that personal messages remain protected by end-to-end encryption and stated it will comply with the CCI’s data-sharing directives designed to give users more control over their information.
The company said it will alert users so they can opt out of data sharing and will provide a prominent settings tab where they can review or change their selections.
The affidavit said,
“Sharing of user data collected on WhatsApp with other Meta companies or Meta company products for purposes other than for providing WhatsApp services shall not be made a condition for users to access WhatsApp service in India,”
WhatsApp added that it does not share user information with Meta for advertising purposes “except where a user chooses to use optional features”, and that no data will be exchanged if those optional features are not used.
The affidavit also indicates that WhatsApp has begun planning to comply with India’s forthcoming digital data protection law.
What is the Case
In January 2021, WhatsApp introduced a new policy in India requiring users to accept broader data-sharing terms with its parent company, Meta Platforms, if they wanted to keep using the app.
Critics called it a “take it or leave it” approach that left users with no real choice.
In March 2021, India’s antitrust regulator, the Competition Commission of India (CCI), opened an inquiry, accusing the company of “exploitative and exclusionary conduct.”
The CCI argued that Meta was using WhatsApp’s dominant market position estimated at around 853 million users in India to bolster its advertising operations and disadvantage rivals.
In November 2024, the CCI fined Meta $25 million for abusing that dominant position.
The regulator also:
- Ordered behavioural remedies to be implemented within three months
- Prohibited WhatsApp from sharing user data with other Meta entities for five years
- Instructed the company to specify clearly the purposes for which data would be shared
Meta and WhatsApp appealed the order to a corporate tribunal, which upheld the fine but put the five-year data-sharing ban on hold. In January 2026, the companies took the matter to the Supreme Court to challenge 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 called the policy a possible way of committing theft of private information and raised concerns about using personal communications for targeted advertising. It directed WhatsApp to develop a consent-based framework for any data sharing.
Earlier, on 3rd February, the Supreme Court criticised Meta over WhatsApp’s privacy policy, warning against exploitation of Indian users.
Justice Surya Kant said,
“You can’t play with privacy… we will not allow you to share a single digit of our data,”
The stakes are raised by the fact that privacy was recognised as a fundamental right in India following a landmark 2017 judgment.
WhatsApp’s response
In an affidavit to the court, WhatsApp said it would comply with the CCI’s order and provide Indian users with greater control over their data by 16 March.
The company said:
- Users will be able to opt out of sharing data with Meta for advertising
- Use of WhatsApp in India will not be made conditional on consenting to data sharing for non-service purposes
- Future policy updates will follow the same standards
- A prominent settings tab will let users review or change their consent
WhatsApp also reiterated that personal messages remain protected by end-to-end encryption and said it does not share user messages with Meta for advertising unless users opt into optional features.
The company added that it has started preparing to comply with India’s new digital data protection law, which is itself facing constitutional challenges and is scheduled to be heard by a five-judge bench in March.
Case Title: WhatsApp, Meta Vs Competition Commission of India
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