Solicitor General Tushar Mehta States That Personal Data Was Commercially Exploited by Digital Platforms

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India’s Chief Justice has issued a stern warning to Meta over WhatsApp’s policy, emphasising that global tech firms should comply with Indian laws if they wish to operate in the country. The remarks have renewed focus on data privacy, regulatory oversight, and accountability.


SC Questions Meta’s Policy


The Supreme Court on Tuesday (February 3, 2026) pulled up WhatsApp and its parent company Meta over concerns of user data sharing. The court highlighted that citizens’ right to privacy cannot be compromised for technology or business practices.


“You can’t play with the right to privacy of citizens of this country in the name of data sharing,” the court told the tech giant.

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During the hearing, the top bench observed that the privacy terms of major technology companies are “so cleverly crafted that citizens will not understand”, and questioned the very premise of user consent, asking “where is the question of opt-out”.


The court said, “Where is the question of opting out? This is a decent way of committing theft of private information,” underlining that such practices cannot be justified under the guise of data sharing or user acceptance.


“We will not allow you to share even a single piece of information. You cannot play with the rights of this country—let a clear message go out,” the Chief Justice said, adding, “You can’t play with the right to privacy of this country in the name of data sharing. You are making a mockery of constitutionalism. How can you play with people’s right to privacy like this? People pay you for this. Consumers have no choice, you have created a monopoly.”

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“The language of your policy is such that an ordinary user cannot understand it. What kind of option are you giving? Imagine a street vendor, a poor woman sitting on the street selling fruits. How will she understand your terms and conditions about opting in or opting out?” the bench said, adding that the policy appeared to be “very cleverly crafted.”


WhatsApp Privacy Policy


WhatsApp’s 2021 privacy policy update triggered regulatory scrutiny over how user data was being handled and shared within the Meta group. The policy allowed the sharing of user data, such as phone numbers, device information, and interactions with business accounts, with its parent company, Met,a on a take-it-or-leave-it basis, raising privacy and competition concerns in India. 


These concerns led the country’s competition watchdog, the Competition Commission of India (CCI), to investigate the policy and impose a penalty for abuse of dominant position.

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The National Company Law Appellate Tribunal (NCLAT) in November 2025, upheld the CCI’s penalty of Rs. 213.14 crore on WhatsApp and its parent company, Meta, for abusing their dominant market position through the policy change.


India’s Digital Personal Data Protection Act, 2023, regulates how platforms can collect and share personal data.


Closing Note


Meta has a combined user base of nearly 850 million, around 350 million on Facebook and over 500 million on WhatsApp. The messaging app is also a key channel for marketing and customer engagement. 

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If the Supreme Court bars Meta from sharing user data for advertising purposes while upholding the findings of the CCI, it could have significant implications for Meta and WhatsApp’s operations in India.


Expanding the scope of the case, the Supreme Court made the Ministry of Electronics and Information Technology (MeitY) a party to the proceedings and said it would pass interim orders on February 9.