Supreme Court Bars WhatsApp’s ‘Take-It-Or-Leave-It’ Privacy Policy, Demands Clearer Data Rules
February 3, 2026
On February 3, 2026, the Supreme Court strongly criticized WhatsApp's 2021 privacy policy. Chief Justice of India Surya Kant said consumers are forced to share private data. "How can you play with the privacy of consumers. The language of your ‘opt-out’ clause is complicated. How can you expect a person from rural Tamil Nadu to understand it. There is no question of sharing data," he stated firmly. The court termed WhatsApp’s approach as a “take-it-or-leave-it” policy, which leaves no real choice to users. Meta, WhatsApp’s parent company, was asked to file a detailed response. The case is scheduled for hearing on February 9. This comes after WhatsApp and Meta challenged a previous NCLAT order that confirmed a ₹213.14 crore fine by the Competition Commission of India. The penalty was for abuse of dominance under competition laws. The Supreme Court’s observations put pressure on Meta to revise its privacy policies to better protect user data.
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Tags:
Supreme court
Whatsapp
Privacy policy
Meta
Competition commission of india
Data privacy
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