The Supreme Court on Tuesday warned that it may once again stop WhatsApp from sharing user data with other Meta companies, saying the app’s privacy policy appears to confuse and mislead users.
The observation came during a hearing in a case involving WhatsApp and India’s competition watchdog. In November 2024, the Competition Commission of India (CCI) fined WhatsApp ₹213 crore and banned it from sharing user data with Meta companies for advertising for five years. Although an appeals tribunal later removed the ban, it kept the fine in place, leading both sides to approach the Supreme Court.
During the hearing, Chief Justice Surya Kant criticised WhatsApp’s privacy policy, saying it was carefully drafted in a way that ordinary users may not understand.
He questioned how elderly people or users from rural areas could understand what they were agreeing to while accepting the policy.
WhatsApp said it would not comment on the court’s remarks as the matter is still pending.
India is Meta’s biggest market in terms of users. While Meta does not release country-wise figures, estimates show that Facebook and Instagram together have hundreds of millions of users in India.
Earlier, WhatsApp had warned that restrictions on data sharing could affect its business in India and force it to pause or roll back some features.
The Supreme Court did not give a final decision and said it will continue hearing the case next week.
The issue around WhatsApp’s privacy policy is not limited to India. In 2023, Meta agreed to make its policy clearer in Europe after facing allegations of violating EU laws.
In its 2024 order, the CCI said WhatsApp forced users to accept the new privacy policy or risk losing access to the app, without giving them any real option to opt out.
WhatsApp has said it shares user phone numbers, transaction information, interactions with businesses, and device details with Meta.
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