Supreme Court Warns WhatsApp of Possible Ban Over Data Sharing, Slams Privacy Practices
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NEW DELHI (TheTrendingPeople): The Supreme Court of India on Tuesday issued a strong warning to WhatsApp, cautioning that the platform could face a complete ban if it continues to share and commercialise users’ personal data in violation of privacy rights.
Hearing appeals filed by WhatsApp and its parent firm Meta Platforms, the court sharply criticised the company’s data policies and questioned the validity of user consent.
Bench Questions ‘Forced Consent’
A bench led by Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi, observed that WhatsApp enjoys near-monopoly in the messaging sector and offers users little real choice.
“The consent agreement is like one between a lion and a lamb. Either you accept it or walk out,” the bench remarked.
The court said it would not allow any sharing of personal data and asked WhatsApp to file an affidavit assuring compliance.
“If you cannot give this undertaking, we will dismiss your appeal,” the bench warned.
Arguments by WhatsApp and Meta
Senior advocates Mukul Rohatgi and Amit Sibal, appearing for the companies, argued that data is shared only after user consent and that messages are protected by end-to-end encryption.
However, the court questioned how ordinary users understand complex terms and conditions.
“How do rural users or small vendors understand these policies?” the bench asked.
Government’s Stand
Solicitor General Tushar Mehta told the court that personal data is being commercially exploited.
“Our data is being sold and monetised. Users are being treated as products,” he said.
The bench agreed, observing that selling data amounts to violating the fundamental right to privacy.
Data Exploitation Concerns
The court expressed concern that user behaviour and preferences are being analysed and monetised for advertising benefits.
“Don’t say it is free. Data has value,” Justice Bagchi remarked, adding that digital platforms earn indirectly through personal information.
The bench also warned that if privacy violations continue, WhatsApp may have to exit India.
Next Hearing on February 9
The court has posted the matter for further hearing on February 9 and asked the Ministry of Electronics and IT to submit its response.
It said all aspects of the case would be examined to ensure citizens’ privacy is protected.
Our Thoughts
The Supreme Court’s strong remarks underline growing concerns over digital privacy in India. As millions depend on messaging platforms for daily communication, transparency and genuine consent are essential. This case could set important precedents on how tech companies handle user data in the country.