The Supreme Court of India has once again placed digital privacy at the centre of constitutional debate, issuing a stern warning to Meta over WhatsApp’s controversial “take it or leave it” privacy policy. The remarks come amid growing concerns about how large technology platforms collect, share, and monetise user data in a country with hundreds of millions of internet users.
During hearings related to WhatsApp’s updated privacy policy, the Supreme Court questioned the fairness of forcing users to accept data-sharing terms as a precondition for continuing to use the messaging service. The bench made it clear that such an approach raises serious concerns about informed consent, individual autonomy, and the fundamental right to privacy.
At the heart of the issue is WhatsApp’s policy that requires users to agree to certain data-sharing practices with its parent company Meta. While WhatsApp has maintained that private messages remain end-to-end encrypted, critics argue that metadata — such as user behaviour, contacts, and usage patterns — can still be shared, creating detailed digital profiles of users. The Supreme Court appeared unconvinced by the argument that users have a real choice, noting that WhatsApp has become an essential communication tool for many Indians.
The judges expressed discomfort with the idea that citizens must either surrender their data or lose access to a widely used platform. Such “take it or leave it” policies, the court observed, may not align with constitutional principles, especially when there is a significant imbalance of power between a global tech corporation and individual users.
The court’s warning to Meta reflects a broader shift in judicial thinking, where privacy is no longer seen as a luxury but as a fundamental right that must be protected in the digital age. Since the landmark Puttaswamy judgment, which recognised privacy as a fundamental right, Indian courts have increasingly scrutinised data practices of both the state and private entities.
The case also has wider implications for how global technology companies operate in India. With the country moving towards a stronger data protection framework, the Supreme Court’s remarks signal that business models built around extensive data collection will face closer legal and constitutional scrutiny. Companies may be required to offer clearer choices, greater transparency, and genuine consent mechanisms rather than blanket policies.
For users, the hearing has reignited debates around digital awareness and consent. Many accept privacy policies without fully understanding their implications, often because opting out is not a practical choice. The court’s intervention highlights the need for stronger safeguards that protect users from being compelled into unfair agreements.
While the Supreme Court has not yet delivered a final verdict, its warning sends a strong message: convenience cannot come at the cost of constitutional rights. As the case progresses, it may set an important precedent for data privacy, not just for WhatsApp and Meta, but for all digital platforms operating in India.
In an era where personal data has become a valuable currency, the court’s stance underscores a simple but powerful principle — users should not have to trade their privacy just to stay connected.
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Last Updated on: Tuesday, February 3, 2026 4:20 pm by The Weekly News Team | Published by: The Weekly News Team on Tuesday, February 3, 2026 4:20 pm | News Categories: Technology, Education, Lifestyle
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