Meta and WhatsApp challenge CCI Rs 213 crore penalty in privacy policy case; Supreme Court to decide on Feb 23

WhatsApp Privacy Policy Case: The Supreme Court will hear on Monday the pleas filed by Meta Platforms and WhatsApp challenging a Rs 213.14 crore penalty imposed by the Competition Commission of India (CCI) over their privacy policy. The case will be heard by a bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M Pancholi.

Earlier, on February 3, the court criticized the two companies, saying they cannot “play with the right to privacy of citizens in the name of data sharing.” The judges said the platforms appear to be creating a monopoly and misusing users’ personal information.

The court also expressed concern for “silent customers” who rely on digital services but are often unaware of data-sharing rules. The judges stressed that citizens’ rights must be protected. The case comes from a CCI order imposing the Rs 213.14 crore penalty for violations related to WhatsApp’s privacy policy. On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) partially set aside the order that had barred WhatsApp from sharing user data with Meta for advertising for five years, but it upheld the fine. (Also Read: From Microsoft, Meta to Nvidia: Global tech giants to invest $700 billion dollar in AI as India rises as a global tech hub)

Later, the NCLAT clarified that its decision on privacy and consent safeguards would also apply to the collection and sharing of user data for non-WhatsApp purposes, including both advertising and non-advertising activities. The Supreme Court had earlier said it would pass an interim order on February 9 and directed that the Ministry of Electronics and Information Technology be made a party to the appeals filed by the two companies. (Also Read: WhatsApp is working on scheduled messages in latest iOS Beta and new spoiler feature; Here’s what it means for users)

The court is also hearing a cross-appeal filed by the CCI, which has challenged the NCLAT ruling to the extent that it allowed WhatsApp and Meta to continue sharing user data for advertising purposes. (With IANS Inputs)