Leave India if You Can't Respect Privacy": SC Slams WhatsApp & Meta
On February 3, 2026, the Supreme Court of India conducted a significant hearing broadening the scope of the "right to privacy" for all citizens in Digital India.
A bench led by Chief Justice of India (CJI) Surya Kant criticized WhatsApp and its parent firm Meta for their disputed privacy policies. The court's harsh words are not only a warning to WhatsApp, but also to any digital company that views Indian residents' data to be its 'property'.
What is the Background?
The matter concerns WhatsApp's 2021 privacy policy of "Take it or leave it."
Under this policy, users of WhatsApp will be unable to access the service unless they share their information, which includes their phone number, address, and device details, with Facebook (now Meta). Meta challenged the ₹213.14 crore penalty imposed by the Competition Commission of India (CCI) in court.
5 biggest and harshest comments of CJI Surya Kant:
"No tampering with privacy:" The CJI categorically said, "You cannot play with the privacy of this country in the name of data sharing. We will not allow you to share even a single word of data."
"A decent way of committing theft:" The court, while catching the trickery of the privacy policy, said, "This is a decent way of committing theft of personal information, and we will not let you do that."
"If you cannot accept the Constitution, then leave India:" During the hearing, when the Solicitor General raised the issue of commercial use of data, the bench said in a stern tone that if you cannot respect our Constitution and the rights of citizens, you can remove your services from here.
"Beyond the comprehension of the common man": The court questioned whether a villager in Tamil Nadu or a street vendor would understand these "cleverly crafted" terms? Pointing to a violation of privacy, the CJI rebuked WhatsApp for forming a monopoly in the sector. It's akin to choosing between a "lion and a sheep."
In what way will the average citizen be impacted by this?
Data sharing ban: The Supreme Court has asked Meta to provide an affidavit committing it to not using WhatsApp data for marketing or other business-related reasons.
Consent: Companies will no longer be able to demand "forced" consent from you.
Next hearing: The court is likely to pass an interim order in the matter on February 9, 2026.
Wisdom Vani's Legal Take:
This case will set a benchmark for the future of the Digital Personal Data Protection Act (DPDP Act) in India. The court's statement on "Theft of Information" proves that now data is not being considered just 'information' but 'property', the theft of which should be severely punished.
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