"The comments were made as Meta appealed a penalty imposed over WhatsApp's 2021 privacy policy. The judges repeatedly asked the company how users can meaningfully consent to data-sharing practices in a market where the app is pretty much the default communications platform. With more than 500 million users, India is WhatsApp's largest market and a key growth area for Meta's advertising business."
"During the hearing, Chief Justice Surya Kant said the Supreme Court would not allow Meta and WhatsApp to share even "a single piece of information" while the appeal was pending, arguing that users faced little real choice in accepting WhatsApp's privacy policy. Calling the messaging service a monopoly in practice, Kant questioned how "a poor woman selling fruits on the street" or a domestic worker could be expected to grasp how their data was being used."
"Other judges also pressed Meta on how user data was analyzed beyond message content. Justice Joymalya Bagchi said the court wanted to examine the commercial value of behavioral data and how it was used for targeted advertising, arguing that even anonymized or siloed information carried economic worth. Government lawyers added that personal data was not only collected but also commercially exploited."
The Supreme Court of India sharply rebuked Meta and warned it would not allow the company to play with the right to privacy of Indian users. Judges pressed Meta on how WhatsApp monetizes personal, metadata, and behavioral data and how users can meaningfully consent in a market where the app is effectively the default communications platform. With more than 500 million users, India is a crucial market for Meta's advertising growth. Chief Justice Surya Kant ordered that no user information be shared while the appeal is pending and described WhatsApp as a practical monopoly. Meta argued that messages remain end-to-end encrypted and inaccessible to the company. The case stems from a 2021 update to WhatsApp's privacy policy.
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