WhatsApp Privacy Policy Not Withdrawn: Commission Tells Delhi High Court
The Competition Commission of India (CCI) Monday told the Delhi High Court that WhatsApp's updated privacy policy of 2021 has not been withdrawn, and its probe concerning the policy should be allowed to proceed.
The CCI also said the scope of its inquiry has no overlap with the issue of an alleged infringement of user privacy pending before the Supreme Court.
The CCI made the submissions before a bench headed by Chief Justice Satish Chandra Sharma on appeals by WhatsApp LLC and Facebook Inc against a single-judge order dismissing their challenge to the probe ordered by the CCI into the instant messaging platform's updated privacy policy.
The bench, also comprising Justice Subramonium Prasad, reserved order on the appeals after hearing the concerned parties.
In January last year, CCI on its own had decided to look into WhatsApp's updated privacy policy based on news reports regarding the same.
WhatsApp and Facebook had subsequently challenged before the single judge CCI's March 2021 order directing a probe against them, saying that the issue concerning its new policy was already pending consideration before the high court and the Supreme Court.
The single judge on April 22 last year had, however, refused to prevent the investigation directed by the CCI.
Additional Solicitor General (ASG) N Venkataraman, appearing for CCI, argued that the CCI probe into the privacy policy-- which is "still in place and functional" -- should not be deferred any further to await the decision of the Supreme Court, especially in the absence of any stay on the single judge order, and asserted that the messaging platform was still issuing a "pop up" seeking the consent of users who are yet to accept the updated policy.
"Judicial process cannot be used to thwart investigation….(Pendency of privacy issue before Supreme Court) cannot automatically prevent competition law concerns. There is no overlap in facts. We should be allowed to investigate. There is no overlap in law," he argued. The ASG said that the infraction on the competition law front may still be happening as there are users who have opted for the policy update and "for the non-withdrawal period", the policy has to be "examined." ASG Balbir Singh, also appearing for CCI, defended the initiation of a probe against Facebook as well in connection with WhatsApp's privacy policy, saying that the former is the holding company of the messaging platform and it can "potentially exploit the data being shared".
ASG Venkataraman contended that the outcome of the Supreme Court proceedings would have no bearing on the proceedings under competition law which concerns the abuse of dominant position by a market player.
He also said that unless there is a lack of jurisdiction or malafides, or arbitrariness, the CCI probe cannot be stalled.
Counsel Tejas Karia, appearing for WhatsApp, said that the "status quo" was being maintained for users who have not opted for the policy update, and the CCI probe should be deferred given the validity of the privacy policy being tested before the Supreme Court and the high court.
Last week, senior advocate Harish Salve, representing WhatsApp, submitted that it was challenging CCI's jurisdiction to probe a policy that has now been kept in abeyance and as the government was in the process of bringing the Data Protection Bill.
Senior advocate Mukul Rohatgi, appearing for Facebook Inc --now Meta Platforms -- had argued that there was not even prima facie material in the case, and CCI cannot investigate it in a "creeping fashion".
While dismissing the petitions against the CCI probe, the single judge had opined that although it would have been "prudent" for the CCI to await the outcome of petitions in the Supreme Court and the Delhi High Court against WhatsApp's new privacy policy, not doing so would not make the regulator's order "perverse" or "wanting of jurisdiction".
The CCI had argued before the single judge that the new privacy policy of WhatsApp would lead to excessive data collection and "stalking" of consumers for targeted advertising to bring in more users and is, therefore, alleged abuse of dominant position.
On January 3, while dealing with the appeals against the single judge order, a bench headed by then Chief Justice DN Patel extended the time for filing replies by Facebook and WhatsApp to two CCI notices of June 2021, asking them to furnish certain information for an inquiry conducted by it.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
-
AI Bias In Investing Cannot Be Eliminated, But It Can Be Governed
Framing is a particularly important example as identical financial information presented in terms of gains rather than losses can lead an LLM to reach a different assessment.
-
Joining The Dots | Dark Skies, Steady Diya: Why Hope Holds This Diwali
With war, a weak rupee and foreign outflows weighing on sentiment, policymakers at the NDTV World Summit and market veterans at NDTV Profit Ignite: Diwali Edition offered the same advice: stay invested and filter out the noise.
-
The Curious Case of Equitas Small Finance Bank And A CEO Who Quit For Stock
PN Vasudevan believes persistent investor concerns over a perceived conflict of interest had become a governance overhang on Equitas Small Finance Bank's stock, even as the lender improved profitability and asset quality.
-
Talking Points This Week: AI Cash Burn, A Tiger Comeback And An India That Still Finds Its Own Path
India is not immune to higher oil or tighter global liquidity, yet its earnings base is broader, its domestic policy levers are still available.
-
Foreign Investors Own Half Of HDFC Bank and ICICI Bank. An LTCG Cut Could Matter Most Here
Foreign portfolio investors have US$115 billion parked in HDFC Bank, ICICI Bank. If the government cuts long-term capital gains tax, Jefferies says returning foreign money could land here first.
-
'Never Seen This Level Of Negativity': Sandeep Tandon Says The Next Rally May Be Closer Than You Think
Veteran investor Sandeep Tandon says foreign selling is easing, large-caps are due a comeback and mid-caps are crowded, while he turns positive on gold, power and pharma this Diwali.
-
Indians Stay With Family, Not In Hotels | The Reason Why
India still lacks enough clean, reliable and affordable hotels for budget-conscious travellers.
-
The Economic Imperative: Analysing The Material Driving Force Behind India-Canada Strategic Reset
This economic complementarity is further reinforced by deep institutional investment ties and talent mobility, which form the bedrock of the bilateral framework.
-
Medicine Pricing: Where Must Profit Stop?
India must confront excessive margins, hidden incentives and regulatory gaps that threaten the integrity of medicine.
-
Why Amazon And Flipkart Are Struggling To Beat Meesho In India's Smaller Cities
With 274 million users and lowest-cost logistics, Meesho is defending its value commerce crown against giants like Amazon and Flipkart.