In a major legal confrontation on February 3, 2026, the Supreme Court of India issued a blistering warning to WhatsApp and its parent company, Meta, over their controversial data-sharing practices.
Chief Justice Surya Kant, heading a three-judge bench, made it clear that the court would not tolerate the “commercial exploitation” of Indian citizens’ private data. In one of the most severe ultimatums given to a tech giant, the court suggested that if the companies cannot protect the privacy of their users, they should consider withdrawing their services from India entirely.
1. “A Decent Way of Committing Theft”
The court’s language was uncharacteristically sharp, reflecting deep-seated concerns over how “metadata” and behavioral patterns are monetized across Meta’s advertising ecosystem.
- Coerced Consent: The bench described WhatsApp’s 2021 “take-it-or-leave-it” privacy policy as a “mockery of constitutionalism.” * The “Theft” Remark: CJI Surya Kant likened the current data-sharing framework to a “decent way of committing theft of private information,” asserting that citizens should not be forced to trade their fundamental rights for access to a near-monopoly communication tool.
- Manufactured Choice: The court dismissed the “opt-out” defense provided by Meta’s lawyers, questioning whether a “street vendor” or a “silent consumer” in rural India could ever comprehend the “cleverly crafted” legal jargon in the policy.
2. The Ultimatums: Affidavits or Dismissal
The Supreme Court has placed a “freeze” on the proceedings until Meta and WhatsApp provide formal guarantees regarding their data practices.
| Court Requirement | Detail |
| Mandatory Affidavit | Meta must file an undertaking from its top management by February 9, 2026. |
| Zero-Sharing Pledge | The affidavit must state that the companies will not share a single word/digit of user data for commercial gains. |
| Consequence | Failure to provide this undertaking will result in the immediate dismissal of their appeals. |
| Interim Order | The court is scheduled to pass a detailed interim order on Monday, February 9. |
3. Background: The ₹213 Crore Battle
This hearing is the latest escalation in a multi-year battle involving the Competition Commission of India (CCI) and the NCLAT.
- The CCI Fine: In late 2024, the CCI imposed a ₹213.14 crore penalty on Meta for abusing its dominant position by forcing the 2021 update.
- The NCLAT Flip: While the NCLAT upheld the fine in late 2025, it partially allowed data sharing for advertising purposes to continue, a move the CCI (and now the Supreme Court) has challenged.
- The “Product” Argument: Solicitor General Tushar Mehta argued that Indian users are being treated as “products” rather than consumers, with their private behavior being sold to the highest bidder.
4. Why 2026 is Different
Unlike previous years, the court noted that the digital landscape has changed:
- Dependency: WhatsApp is now effectively a “default communication layer” for 850 million Indians, making the “leave the app” option an illusory choice.
- DPDP Act 2023: While Meta argued that the new Digital Personal Data Protection Act provides a framework, Justice Joymalya Bagchi noted that the law is not yet in force (effective May 2027), leaving a “privacy vacuum” that the court must fill now.
Conclusion: The “Opt-Out of India” Threat
The Supreme Court has effectively drawn a line in the sand. By telling Meta, “You opt out of the country” if they can’t stop the “theft” of data, the bench is testing whether Big Tech’s business model can survive the “Right to Privacy” in its largest market. If an undertaking isn’t filed by February 9, the resulting interim order could lead to the most significant disruption of digital services in India’s history.
