Quick Read
- India’s Supreme Court has criticized WhatsApp and Meta over a ‘take-it-or-leave-it’ privacy policy.
- The court stated WhatsApp ‘cannot play with the right of privacy of citizens’ regarding data sharing with Meta.
- WhatsApp previously faced a penalty of INR 213.14 crore from India’s Competition Commission.
- New optional ‘strict account settings’ allow users to block unknown files, disable link previews, and silence unknown calls.
- Users can manually disable the link preview feature to prevent their IP address from being shared with websites.
NEW DELHI (Azat TV) – India’s Supreme Court has sternly challenged WhatsApp and its parent company Meta over the messaging platform’s ‘take-it-or-leave-it’ privacy policy, intensifying scrutiny on user data sharing practices and raising significant implications for digital platforms globally. The apex court’s observations come as WhatsApp faces ongoing regulatory challenges regarding its 2021 privacy policy update, which dictates how user data is handled across Meta’s various platforms.
The Supreme Court explicitly stated that WhatsApp “cannot play with the right of privacy of citizens,” highlighting concerns that the platform’s consent mechanism was not drafted in a manner easily comprehensible to the average user. This legal intervention underscores a growing global trend towards greater transparency and user control over personal data, particularly from dominant communication platforms.
Supreme Court Challenges WhatsApp’s Data Practices
The core of the legal challenge revolves around WhatsApp’s updated privacy policy from 2021, which mandated users to either accept new data sharing terms with Meta or lose access to the service. This approach was described by the court as a “take-it-or-leave-it” policy. A judge was quoted by Entrepreneur India as saying, “Where is the question of opting out? This is decent way of committing theft of private information…”
This is not the first time WhatsApp’s data practices have drawn regulatory attention in India. The Competition Commission of India (CCI) previously imposed a penalty of INR 213.14 crore on WhatsApp and Meta for alleged misuse of their dominant market position, a decision later upheld by the National Company Law Appellate Tribunal (NCLAT).
Broader Implications for Digital Platforms and User Privacy
Experts suggest the Supreme Court’s intervention could have far-reaching effects beyond WhatsApp, signaling a shift in how digital platforms must approach user consent. Malcolm Gomes, Chief Operating Officer at Privy by IDfy, told Entrepreneur India that the Court is signaling that “consent cannot be engineered through complexity.” He emphasized that data sharing terms buried in opaque policies do not constitute meaningful consent. Tarun Wig, Co-founder & CEO of Innefu Labs, added that this “nudge from Supreme Court will drive digital platforms towards transparency and simplicity in terms of privacy terms offered.”
Gomes also highlighted that services like WhatsApp are no longer optional utilities in India but are deeply embedded in daily economic, professional, and social life. He stressed that market dominance should not be used to coerce consent, compelling users to choose between connectivity and data control. This could lead to a significant rethinking of business models for platforms that rely on surveillance-driven monetization, potentially shifting towards contextual advertising, paid features, or privacy-preserving technologies.
New Security Features and User Protections
Amidst these legal developments, WhatsApp has also been rolling out new security and privacy features. Computerworld reported that WhatsApp has introduced optional “strict account settings” designed to enhance user security. These settings, which must be manually activated, allow users to block files and attachments from unknown senders, disable link previews, and silence calls from unknown callers. These features are particularly aimed at protecting vulnerable users such as activists and journalists.
One specific feature under scrutiny is the default “link preview.” TechAdvisor revealed that this seemingly innocuous feature automatically shares a user’s IP address with websites when links are sent, creating potential privacy and security risks despite end-to-end encryption. Users can protect their IP address by disabling link previews in the app’s Privacy and Advanced settings. Additionally, users can opt to forward calls exclusively via WhatsApp’s servers to prevent IP address sharing through the call function.
For users seeking to maintain greater anonymity, The Times of India provided several methods to use WhatsApp without publicly sharing a personal phone number. These include registering with a secondary SIM card or virtual number, utilizing the WhatsApp Business app with an alternate number, and minimizing exposure in group chats by using a dedicated secondary number or business account. Linking WhatsApp to a landline via the “Call me” verification option during setup also offers a way to avoid tying the service to a mobile number.
The confluence of judicial pressure, evolving user expectations, and new platform features indicates a significant inflection point for data privacy in the digital age. India’s robust legal framework and its large user base are poised to influence global standards, pushing technology companies towards more transparent and user-centric data protection models that prioritize informed consent and individual rights over aggregated data for monetization.