Explained: What is the controversy around WhatsApp and why Supreme Court gave 'take it or leave it' warning

The Supreme Court of India has raised serious concerns about the privacy policies of WhatsApp and Meta. During a court hearing, the judges criticized the companies for their 2021 privacy policy, calling it a 'take it or leave it' approach. The court said this approach undermines the rights of users to control their personal information and emphasizes the need for clear consent. On February 3, 2026, the court questioned whether people truly understood what they agreed to when accepting the privacy policy. The court pointed out that users are often forced to accept the policy without real choice, which may mean the consent given is not genuine. The court also highlighted that the wording of the policy might be confusing, making it hard for users to understand how their data is shared. The judges made it clear that the right to privacy is protected by the Constitution of India. They said that this right cannot be ignored or diluted through complicated language in privacy policies. The court emphasized that the privacy of citizens is a fundamental right and must be respected. The court warned WhatsApp and Meta against sharing users' personal data without proper safeguards. They stated it would not allow the companies to share even a single piece of user information without clear approval. The court also indicated that it might take action to prevent data sharing unless the companies gave an assurance in writing. An interim order related to this issue was scheduled to be discussed on February 9, 2026. The court questioned whether users were being properly informed about how their data is used. It noted that platforms often send in-app messages about data sharing, but when it comes to opting out, they rely on newspaper notices, which may not be sufficient for meaningful consent. This has raised questions about whether users are truly aware of what they are agreeing to. The court emphasized that commercial interests should not come at the cost of citizens’ rights. It highlighted that protection of privacy is important and should not be compromised to benefit companies. Judges also pointed out that the 'take it or leave it' nature of the privacy policy leaves users with no real choice, raising concerns about whether their consent is valid. These discussions are part of ongoing legal scrutiny of how technology companies handle personal data. The court’s observations reflect the importance of safeguarding individual privacy rights in a digital age. The judges stressed that privacy cannot be treated lightly and must be protected by law. Overall, the court's comments show a need for clearer rules and better transparency from companies like WhatsApp and Meta. The outcome of the upcoming court order will be watched closely, as it may influence future regulations on data privacy and user rights in India.