The court clearly said that this type of policy is leading to theft of users' private information.
The court clearly said that this type of policy is leading to theft of users' private information. A bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi heard the cases. He said that privacy terms are written in such a complex manner that the common man cannot understand them.
The court asked, "Where is the option to opt-out?" Meaning why users are not given a chance to opt out of data sharing. The court acknowledged that the right to privacy is very strictly protected in this country. Hearing the arguments of WhatsApp and Meta, the court said that all this is a civilized way of theft of private data.
In the hearing, the court also said that tech giants will not be allowed to share users' data, especially when the agreements are unequal. Meaning users have no choice, either follow the policy or leave the app. The court expressed serious concern over this and said that such companies are taking advantage of the weakness of the citizens.
'How will poor or less educated people understand your policy'
Chief Justice Surya Kant said, "You are making a mockery of the constitutional values of this country. We will reject it immediately. How can you play with people's right to privacy like this? The consumer has no choice, you have established a monopoly."
Senior advocate Akhil Sibal, appearing for WhatsApp, argued that there is an option to opt out of the platform's policy.
To this, CJI Surya Kant raised questions, saying, "A poor woman selling fruits and vegetables on the streets, will she be able to understand the terms of your policy? No one will be available to explain it to her. Will your domestic help understand it? You must have collected data of lakhs of people. This is a disgusting way of stealing personal information. We will not allow you to use it."
What is the whole matter?
During this, the regulatory body admitted that WhatsApp has imposed an 'either accept or leave' policy on users. This does not give users the right to opt out of any meaningful option.
During investigation, CCI found that this was an abuse of the Competition Act, 2002. Based on this investigation, CCI imposed a fine of Rs 213.14 crore on Meta platforms.
Subsequently, in January 2025, Meta Platforms and WhatsApp challenged the CCI order before the National Company Law Appellate Tribunal (NCLAT).
Then in November 2025, the NCLAT struck down a five-year ban on advertising-related data sharing and overturned the CCI's finding that WhatsApp had illegally taken advantage of its dominance in Meta's advertising system. However, NCLAT had upheld the fine of Rs 213.14 crore imposed on Meta Platforms.
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