The Supreme Court raised serious concerns about how user data is being monetised, sharply criticising WhatsApp and its parent Meta for sharing user information for targeted advertising. The court said such practices go beyond privacy and amount to the exploitation of citizens’ data.

The apex court observed that data sharing allows companies to study consumer behaviour, monetise it, and target users with ads. However, the court warned that this cannot be permitted in India. It said a strong message must be sent to WhatsApp and Meta that citizens’ privacy cannot be “played with”.

The court also flagged WhatsApp’s market dominance. It noted that users are effectively given no real choice—either agree to data sharing or stop using the service altogether. Moreover, it added that even judges find such technical privacy policies difficult to understand. This makes them unfair for ordinary users.

The bench questioned how users often begin seeing ads for products soon after mentioning them on WhatsApp. This further underlines concerns around data use.

The case arises from challenges by Meta and WhatsApp to a Competition Commission of India (CCI) order. The order found them guilty of abuse of dominant position under WhatsApp’s 2021 privacy policy. This policy allowed data sharing with Meta without an opt-out.

While the NCLAT upheld a Rs 213 crore penalty, it allowed data sharing to continue. This prompted the CCI to approach the Supreme Court, which is now examining the broader implications of the policy.

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