By Raveena Kumari 
New Delhi, February 3, 2026:
The Supreme Court of India on Tuesday raised serious concerns over WhatsApp and Meta’s “take-it-or-leave-it” privacy policy, observing that users are effectively forced to share their personal data.
Hearing the matter, Chief Justice of India (CJI) Surya Kant orally remarked that such policies undermine consumer privacy. Questioning the opt-out mechanism, the CJI said the language of WhatsApp’s 2021 privacy policy is complicated and not easily understandable by ordinary users, especially those from rural areas.
“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,” the CJI observed.
The apex court has granted time to WhatsApp and Meta to file a detailed response and has scheduled the next hearing for February 9, 2026.
Earlier, WhatsApp and Meta had approached the Supreme Court challenging the NCLAT order, which upheld the Competition Commission of India’s (CCI) ₹213.14 crore penalty imposed on Meta for abuse of dominant position under competition laws.
The case is significant as it deals with digital privacy rights, data protection, and the balance of power between big tech companies and consumers in India.
Shalu Shalu