rotating globe
9 Feb 2026


WhatsApp must respect privacy or exit India

CJI Surya Kant questions Meta over privacy and data use

The Supreme Court of India has issued a strong warning to WhatsApp and its parent company Meta, saying they must follow Indian laws—or consider leaving the country. Chief Justice Surya Kant told the company bluntly: “If you can’t follow our Constitution, then leave India.”

The case revolves around WhatsApp’s 2021 privacy policy update, which required users to share personal data with Meta. The Competition Commission of India (CCI) had previously fined WhatsApp ₹213 crore, ruling that the policy abused the company’s dominant position in the market. The National Company Law Appellate Tribunal (NCLAT) upheld most of this penalty. Meta has now approached the Supreme Court challenging these orders.

The court raised concerns over whether millions of users, especially in rural areas, can truly understand such complex privacy terms. It emphasised that user data cannot be exploited for commercial purposes, such as targeted advertising, without informed consent.

As an interim step, WhatsApp has been ordered not to share user data with Meta until the case is resolved. The government, through the Ministry of Electronics and IT, has been made a party to ensure compliance with India’s Digital Personal Data Protection Act.

The Supreme Court underlined that privacy is a fundamental right, and protecting it cannot take a back seat to business interests. The matter will continue to be heard, with the bench stressing that foreign tech companies operating in India must obey the law or face consequences.

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