Meta-WhatsApp Privacy Policy Row Reaches Supreme Court on Monday

India, Feb 22 : The Supreme Court of India is scheduled to hear on Monday petitions filed by Meta Platforms and WhatsApp challenging a ₹213.14 crore penalty imposed by the Competition Commission of India over their privacy policy and data-sharing practices.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi is expected to take up the matter.

During an earlier hearing on February 3, the court made strong remarks, stating that companies cannot “play with the right to privacy of citizens in the name of data sharing.” The bench also observed that concerns had been raised about potential market dominance and misuse of users’ personal information.

The judges referred to “silent customers” individuals who may be digitally dependent and unaware of the implications of consent clauses  and underscored that citizens’ rights must be protected.

NCLAT order and cross-appeals

On November 4, 2025, the National Company Law Appellate Tribunal set aside a portion of the CCI’s directive that had barred WhatsApp from sharing user data with Meta for advertising purposes for five years. However, it upheld the financial penalty.

Subsequently, the appellate tribunal clarified that its directions regarding privacy and consent safeguards would also extend to user data collection and sharing beyond WhatsApp’s core services, including both advertising and non-advertising activities.

The apex court had earlier indicated it would consider passing an interim order and directed that the Ministry of Electronics and Information Technology be impleaded in the proceedings.

The bench is also examining a cross-appeal filed by the CCI challenging the NCLAT decision to the extent it permitted continued data sharing for advertising. The outcome of the hearing is expected to have significant implications for digital competition law and user privacy standards in India.