A Bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul Pancholi, heard the case, which also involves a cross-appeal by the Competition Commission of India (CCI) challenging the NCLAT order that allowed WhatsApp and Meta to share user data for advertising purposes. The Supreme Court adjourned the matter and is expected to pass interim orders on February 9.

Chief Justice Surya Kant criticized WhatsApp’s privacy policy, calling it exploitative and unfair to users. He observed that ordinary citizens are unable to understand the policy and questioned the existence of meaningful opt-out options. “Users have no real choice because WhatsApp functions as a monopoly,” he said, adding that the company was making a mockery of constitutional rights and warning that the court would not tolerate violations of citizens’ privacy.

Solicitor General Mukul Rohatgi and senior advocate Akhil Sibal, representing Meta and WhatsApp, informed the court that the penalty imposed by the CCI had already been deposited. Rohatgi also cited that a Constitution Bench is examining the privacy policy and that an earlier undertaking ensured users would not be denied access for refusing the 2021 policy. However, Justice Bagchi noted that the Digital Personal Data Protection Act, 2023, under which Rohatgi referred, is not yet in force.

Senior advocate Samar Bansal, representing the CCI, highlighted that Meta earns revenue primarily from advertising, effectively making users the “product” for the company. The case stems from the CCI’s November 2024 order, which found that WhatsApp abused its dominant position by imposing a “take-it-or-leave-it” data-sharing policy during its 2021 privacy update, limiting meaningful opt-out options. A penalty of ₹213.14 crore was imposed, and directives were issued to restore user choice.

Meta and WhatsApp challenged the CCI order before the NCLAT in January 2025. In November 2025, the tribunal partially overturned the findings on abuse of dominance but upheld the penalty and lifted the five-year ban on advertising-related data sharing.

The Supreme Court’s upcoming hearings will determine whether stricter safeguards and user consent measures will be mandated, setting a significant precedent for data privacy in India.