A major legal battle over data privacy and Big Tech’s business practices is unfolding in India as the Supreme Court examines WhatsApp’s 2021 privacy policy. The case goes beyond one platform. It raises larger questions about privacy rights, user choice, and regulation of dominant digital companies.
WhatsApp, the country’s most widely used messaging app, recently told the Supreme Court that it will comply by 16 March with an order directing it to give Indian users more control over how their data is shared with its parent company, Meta. In an affidavit, the company said users will be able to continue using the app even if they choose not to share their data with Meta for advertising purposes.
The development follows sharp observations from the court. During hearings, judges warned that they would not allow WhatsApp or Meta to “play with” citizens’ right to privacy or “make a mockery” of the Constitution, which recognises privacy as a fundamental right.
The case centres on WhatsApp’s January 2021 policy update. The revised policy required users to accept data sharing with Meta companies to continue using the service. The Competition Commission of India (CCI) described this as a “take it or leave it” model that left users with “no real choice”.
Many users criticised the update, saying they felt forced to accept terms they were uncomfortable with. They pointed out that the 2016 policy had allowed existing users to opt out of sharing data with Meta for advertising. Digital rights activists have called the 2021 update invasive and a violation of user autonomy. Others argue that using platform data for advertising is a common practice in the digital economy.
With around 853 million users in India, according to World Population Review, WhatsApp remains unmatched in scale despite competition from Signal, Telegram, and local platforms like Koo.
Given its vast reach, WhatsApp and Meta remain under close watch from India’s federal government, which has tightened digital regulations in recent years and pushed major platforms for greater accountability.
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