WhatsApp to leave India? Privacy issue that made Supreme Court angry explained
Despite the Supreme Court's stern warning over data-sharing and privacy, WhatsApp is not immediately set to leave India but the coming weeks could decide how it must operate here.
For years, WhatsApp has been so deeply woven into daily life in India that it almost feels like a public utility. From family groups and office updates to payments and business chats, the app quietly sits at the centre of digital conversations. That is precisely why the Supreme Court’s sharp warning to WhatsApp’s parent company Meta has caught everyone’s attention. When the Chief Justice said, “If you can’t follow our Constitution, leave India,” it wasn’t just courtroom drama. It was a clear message about how far India is willing to go to protect user privacy. So what exactly made the country’s top court so angry, and does this really mean WhatsApp could be forced to exit India?
WhatsApp privacy drama with India: How it started
The controversy stems from WhatsApp’s 2021 privacy policy update, which was sent to every user. The policy stated that as part of the Facebook family of companies, WhatsApp could share user information with other Meta-owned firms. This data, according to the policy, could be used to operate, improve, customise, and support market services and offerings.
For users, the choice was brutally simple. Either accept the updated policy and continue using WhatsApp, or delete the account altogether. There was no real "opt-out" for data sharing while staying on the platform.
WhatsApp later clarified that personal chats between friends and family remain end-to-end encrypted. However, data shared with businesses on WhatsApp could be collected and used, including for advertising on Facebook. That distinction did little to calm concerns, especially in a country where WhatsApp has a massive reach and influence.
WhatsApp privacy again an issue in 2026: What happened and why?
The matter reached the Supreme Court during hearings related to appeals filed by WhatsApp and Meta against a Competition Commission of India order. The CCI had imposed a penalty of Rs 213.14 crore over the policy, calling out its impact on competition and user choice.
During the hearing, the Bench led by Chief Justice of India Surya Kant took an unusually strong stand. The court questioned how consent could be genuine when users were left with a “take it or leave it” situation. Justice Joymalya Bagchi described this as “manufactured consent,” suggesting that users were effectively coerced into agreeing.
At one point, the Chief Justice went further, saying, “Where is the question of opt out? This is a decent way of committing theft of private information.” He also asserted that WhatsApp’s dominance, pointing out that consumers have little practical choice because “everybody uses it.”
The court repeatedly stressed that the right to privacy is not negotiable. “We will not allow to share a single piece of information. You can’t play with the right to privacy in this country,” the Bench said, making it clear that commercial interests cannot override constitutional protections.
What did WhatsApp say on user data sharing allegations?
India Today Tech reached out to WhatsApp, and it declined to comment on this. But in its defence in court, Meta's senior counsel Mukul Rohatgi argued that the service is free and users are not charged any money. He also pointed out that a related issue is already pending before a Constitution Bench. Another senior counsel, Arun Kathpalia, told the court that not all user data is shared and that the scope of sharing is limited. According to WhatsApp, the company does not access personal messages, and only specific categories of information are involved, TOI reports.
The court, however, appeared unconvinced by these arguments, especially given WhatsApp’s scale and influence in India.
Court gives Meta February 9 deadline to fix this
Perhaps the most important development is what comes next. The Supreme Court has asked WhatsApp and Meta to file an affidavit giving a clear and categorical undertaking that they will not share user data. The matter has been listed for issuing interim directions on February 9.
The Bench has also made it clear that if such an undertaking is not given, the companies’ appeals against the National Company Law Appellate Tribunal (NCLAT) order could be dismissed. That would weaken WhatsApp’s legal position in India.
Will WhatsApp leave India?
Despite the dramatic courtroom language, an immediate WhatsApp exit from India is unlikely. India is WhatsApp’s biggest market, and walking away would be a massive business decision. The court’s remarks should be seen more as pressure tactics than an actual eviction notice.
What the Supreme Court is suggesting is that operating in India comes with non-negotiable responsibilities. If WhatsApp wants to continue, it must respect Indian constitutional values, especially the right to privacy.
For users, the case could become a turning point. It may decide how much control Indians truly have over their personal data and whether “free” digital services can continue to demand such a high hidden cost. You can stay tuned to India Today Tech for all the updates.
For years, WhatsApp has been so deeply woven into daily life in India that it almost feels like a public utility. From family groups and office updates to payments and business chats, the app quietly sits at the centre of digital conversations. That is precisely why the Supreme Court’s sharp warning to WhatsApp’s parent company Meta has caught everyone’s attention. When the Chief Justice said, “If you can’t follow our Constitution, leave India,” it wasn’t just courtroom drama. It was a clear message about how far India is willing to go to protect user privacy. So what exactly made the country’s top court so angry, and does this really mean WhatsApp could be forced to exit India?
WhatsApp privacy drama with India: How it started
The controversy stems from WhatsApp’s 2021 privacy policy update, which was sent to every user. The policy stated that as part of the Facebook family of companies, WhatsApp could share user information with other Meta-owned firms. This data, according to the policy, could be used to operate, improve, customise, and support market services and offerings.
For users, the choice was brutally simple. Either accept the updated policy and continue using WhatsApp, or delete the account altogether. There was no real "opt-out" for data sharing while staying on the platform.
WhatsApp later clarified that personal chats between friends and family remain end-to-end encrypted. However, data shared with businesses on WhatsApp could be collected and used, including for advertising on Facebook. That distinction did little to calm concerns, especially in a country where WhatsApp has a massive reach and influence.
WhatsApp privacy again an issue in 2026: What happened and why?
The matter reached the Supreme Court during hearings related to appeals filed by WhatsApp and Meta against a Competition Commission of India order. The CCI had imposed a penalty of Rs 213.14 crore over the policy, calling out its impact on competition and user choice.
During the hearing, the Bench led by Chief Justice of India Surya Kant took an unusually strong stand. The court questioned how consent could be genuine when users were left with a “take it or leave it” situation. Justice Joymalya Bagchi described this as “manufactured consent,” suggesting that users were effectively coerced into agreeing.
At one point, the Chief Justice went further, saying, “Where is the question of opt out? This is a decent way of committing theft of private information.” He also asserted that WhatsApp’s dominance, pointing out that consumers have little practical choice because “everybody uses it.”
The court repeatedly stressed that the right to privacy is not negotiable. “We will not allow to share a single piece of information. You can’t play with the right to privacy in this country,” the Bench said, making it clear that commercial interests cannot override constitutional protections.
What did WhatsApp say on user data sharing allegations?
India Today Tech reached out to WhatsApp, and it declined to comment on this. But in its defence in court, Meta's senior counsel Mukul Rohatgi argued that the service is free and users are not charged any money. He also pointed out that a related issue is already pending before a Constitution Bench. Another senior counsel, Arun Kathpalia, told the court that not all user data is shared and that the scope of sharing is limited. According to WhatsApp, the company does not access personal messages, and only specific categories of information are involved, TOI reports.
The court, however, appeared unconvinced by these arguments, especially given WhatsApp’s scale and influence in India.
Court gives Meta February 9 deadline to fix this
Perhaps the most important development is what comes next. The Supreme Court has asked WhatsApp and Meta to file an affidavit giving a clear and categorical undertaking that they will not share user data. The matter has been listed for issuing interim directions on February 9.
The Bench has also made it clear that if such an undertaking is not given, the companies’ appeals against the National Company Law Appellate Tribunal (NCLAT) order could be dismissed. That would weaken WhatsApp’s legal position in India.
Will WhatsApp leave India?
Despite the dramatic courtroom language, an immediate WhatsApp exit from India is unlikely. India is WhatsApp’s biggest market, and walking away would be a massive business decision. The court’s remarks should be seen more as pressure tactics than an actual eviction notice.
What the Supreme Court is suggesting is that operating in India comes with non-negotiable responsibilities. If WhatsApp wants to continue, it must respect Indian constitutional values, especially the right to privacy.
For users, the case could become a turning point. It may decide how much control Indians truly have over their personal data and whether “free” digital services can continue to demand such a high hidden cost. You can stay tuned to India Today Tech for all the updates.