New Delhi, February 3, 2026 : The Supreme Court on Tuesday strongly criticised Meta Platforms Inc and WhatsApp over alleged violations of users’ privacy while hearing their appeals against a Competition Commission of India (CCI) order that imposed a penalty of ₹213.14 crore for abuse of dominance linked to WhatsApp’s privacy policy.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi made it clear that technology companies cannot compromise the fundamental right to privacy of citizens under the guise of data sharing. The bench said it would pass an interim order on February 9 and directed that the Ministry of Electronics and Information Technology (MeitY) be impleaded as a party in the matter.
The court was hearing appeals filed by Meta and WhatsApp challenging a National Company Law Appellate Tribunal (NCLAT) verdict, which had upheld the CCI’s findings of abuse of dominant position, while granting limited relief related to advertising-linked data sharing.
Taking a firm stand, the Chief Justice observed that companies cannot be allowed to “play with the right to privacy of citizens in the name of data sharing,” warning that the court would not permit the sharing of user data without strict safeguards. The bench asked the companies to provide a clear undertaking, failing which the court would pass restrictive orders.
The court also expressed concern over the manner in which privacy policies are drafted, remarking that they are “so cleverly crafted” that an ordinary user is unable to fully comprehend the implications. Describing such practices as a “decent way of committing theft of private information,” the bench underlined that privacy rights in India are zealously guarded and cannot be diluted by corporate policies.
The hearing marks a significant moment in India’s evolving jurisprudence on data protection, digital rights, and competition law, with the Supreme Court signalling a tough stance against any erosion of citizens’ privacy in the digital ecosystem.
