New Delhi (Gurpreet Singh): The Supreme Court of India is set to resume a high-stakes hearing on Monday, February 23, regarding the controversial data-sharing practices of Meta and WhatsApp. A bench led by Chief Justice of India Surya Kant will hear appeals from the tech giants against a ₹213.14 crore penalty imposed by the Competition Commission of India (CCI) for abusing their dominant market position through the 2021 privacy policy.
The hearing was originally scheduled for February 9 but was deferred to this Monday due to the indisposition of senior advocate Kapil Sibal, who is representing the companies. The case has already seen the court issue a series of blistering rebukes toward the social media conglomerate, characterizing their “take-it-or-leave-it” terms as a “decent way of committing theft of private information.”
Judicial Stand on Citizen Privacy
During previous proceedings on February 3, the bench made it clear that it would not allow corporate interests to supersede the fundamental right to privacy. The Chief Justice sharply criticized the complexity of the privacy terms, questioning whether an average citizen—such as a street vendor—could truly provide informed consent.
The court further noted that WhatsApp holds a “complete monopoly” in the Indian market, making the “choice” to opt-out an illusion for digitally dependent users. “We will not allow the rights of any citizen of this country to be damaged,” the bench asserted, warning that it may pass a formal order if the companies do not provide a clear undertaking to stop unauthorized data sharing.
The Legal Dispute: CCI vs. NCLAT Ruling
The current appeals stem from a complex regulatory battle:
- The CCI Penalty: In late 2024, the CCI fined Meta and WhatsApp ₹213.14 crore, ruling that forcing users to share data with Meta’s other entities for advertising purposes was an abuse of market power.
- The NCLAT Modification: In November 2025, the National Company Law Appellate Tribunal (NCLAT) upheld the fine but lifted a five-year ban that would have prohibited WhatsApp from sharing data with Meta for advertising.
- The Cross-Appeal: The CCI has now moved the Supreme Court to reinstate the data-sharing ban, while Meta continues to challenge the penalty itself.
Government Involvement and Future Safeguards
The Supreme Court has impleaded the Ministry of Electronics and Information Technology (MeitY) as a party to the case, directing the Centre to file an affidavit clarifying its stance on these data-sharing mechanisms. While Meta’s legal team has pointed to the Digital Personal Data Protection Act, 2023 as a new regulatory framework, the court noted that the law is not yet fully in effect.
As the bench prepares to pass interim orders tomorrow, the focus remains on whether Meta will be forced to provide a granular “opt-out” mechanism for Indian users. With nearly 850 million users across Meta’s platforms in India, the outcome of this case will likely set a global precedent for how big tech handles consumer data in emerging markets.
