Court Unquote

 WhatsApp, Meta data sharing policy, Anil Ambani probe, Indigo CCI probe and more

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February 9, 2026 at 5:51 AM IST

“You have made a mockery of the constitutionalism of this country.”

-CJI Surya Kant to WhatsApp and Meta on data sharing policy violating privacy rights of users

A Surprise Warning from Supreme Court to One of The Biggest BigTech

The Supreme Court’s warning to WhatsApp and its parent company Meta this week is a reminder that India is inching towards not taking its privacy rights for granted in a demography which serves as one of the biggest markets for the technology company. The court was hearing cross appeals by WhatsApp, Meta and CCI against the NCLAT ruling which upheld CCI’s penalty on the company but allowed it to proceed with its updated privacy policy of 2021 which allows the data sharing between the two platforms. During the proceedings, the bench headed by the chief justice of India pulled up the two platforms and sent a strong message. 

The platforms cannot indulge in sophisticated “data theft”, the court indicated, saying that the policy was written in a manner that would be beyond comprehension for most users who are not even aware that they had a so-called opt-out option. The data sharing has far-reaching implications, the court said, which at one point asked the platforms to give an undertaking that they would not share user data while the case was pending. The court, however, stopped short of passing a formal order when the baffled lawyers for WhatsApp and Meta, who did not appear to anticipate the court's antagonistic response, asked for time to explain their side. 

At the heart of the court’s concern is asymmetry. The users have little to no real choice when a dominant messaging service tweaks its terms, while the company stands to gain enormously from data sharing across the Meta ecosystem. The bench’s pointed observation was that the “opt-out” option the company claims it gives to the users is more of a “take it or leave it” option at the back of WhatsApp’s virtual monopoly in messaging space. 

What’s interesting is the court’s broader tone. The court’s concern wasn’t just about WhatsApp’s fine print, but about the limits of platform power in India. The judges underlined that user privacy is not subordinate to the tech companies’ ambitions in India but rather a constitutional value which must be upheld and abided by everyone alike.

For Meta, the proceedings were nothing short of shocking to have won the data sharing aspect of the lawsuit in NCLAT and be pulled up by the Supreme Court indicating a thinning acceptance for skirting around data privacy norms in India. For users, it could be a moment where a global tech company, that cannot afford to lose its entire India market, may be forced into giving Indian users the same rights and privileges as their European counterparts. 

Courts: 

  • In yet another case of personality rights, Delhi High Court protects those of Bollywood actor Vivek Oberoi

  • ITC sues Britannia in Calcutta High Court over alleged imitation of product packaging

  • Comedian Kunal Kamra and Senior Advocate Haresh Jagtiani move Bombay High Court against government’s Sahyog portal 

  • Mumbai court closes case against DHFL in Yes Bank’s PMLA case

  • Supreme Court sets aside Gujarat High Court ruling directing recovery of 108 hectare grazing land given to Adani ports

  • Supreme Court lifts ban on BJP leader Anurag Thakur from associating with BCCI

  • Bollywood actor Rajpal Yadav surrenders, sent to Tihar jail, in a cheque bouncing case

  • West Bengal chief minister Mamata Banerjee argued before the Supreme Court in person opposing the SIR process, the court asks ECI to send discrepancy notices carefully

  • Supreme Court asks ED to set up an SIT to probe bank loan case against Anil Dhirubhai Ambani group companies, asks Ambani not to leave the country without prior permission of the court and seeks status update monthly from the investigating agencies

  • Supreme Court remands Flipkart-CCI dispute in abuse of dominance case to NCLAT

  • Supreme Court warns WhatsApp, Meta against former’s privacy policy allowing user data sharing with the latter, to continue hearing appeals against NCLAT ruling on the issue

Quasi Courts:

  • NCLAT upholds CCI decision to close abuse of dominance case against NSE in co-location matter

  • CCI orders investigation against Indigo airlines over mass cancellations, disruptions and fare surge

The Big Listings:

  • Feb 9: Supreme Court to hear WhatsApp, Meta and CCI appeals in data sharing policy case 

  • Feb 9: Allahabad NCLT to hear Jaiprakash Associates’ Insolvency case for approval of successful bid

  • Feb 25: Securities Appellate Tribunal to hear appeal by Jane Street challenging SEBI’s move to allegedly refuse access to important documents to the firm in the case against it

  • Mar 19: Delhi High Court to hear Apple Inc.’s plea against India’s competition law’s provisions on global turnover-based penalties on MNC

  • Apr 8: Delhi High Court to hear Indigo’s petition seeking 9 billion rupees in refund from customs over re-imports

* The dates of hearing can change and a concrete list is prepared just a day before

Legal Moves: 

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