The Supreme Court has sharply criticized WhatsApp and Meta over their privacy policies, warning that foreign tech firms must follow Indian laws or exit the country. Chief Justice Surya Kant said: “If you can’t follow our Constitution, then leave India.”
The case relates to WhatsApp’s 2021 privacy update, which required users to share data with Meta. The Competition Commission of India (CCI) fined WhatsApp ₹213 crore for abusing its market dominance, and this decision was partially upheld by the NCLAT. Meta has challenged the penalty in the Supreme Court.
The court raised concerns about informed consent, noting that millions of users may not fully understand complex privacy terms. It stressed that private user data cannot be exploited commercially for targeted ads.
As an interim measure, WhatsApp has been ordered not to share user information with Meta until the case is resolved. The government, through the Ministry of Electronics and IT, has been made a party to the case to ensure compliance with India’s Digital Personal Data Protection Act.
The bench emphasised that fundamental privacy rights cannot be compromised for business gains, and the matter will be heard further in the coming weeks.
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