Delhi HC dismisses WhatsApp and Facebook’s plea challenging CCI order on privacy policy

India

oi-Prakash KL

New
Delhi,
Aug
25:
The
Division
bench
of
Delhi
High
Court
on
Thursday
dismissed
the
petitions
of
WhatsApp
and
Facebook,
challenging
a
Competition
Commission
of
India
(CCI)
order
for
an
investigation
into
the
messaging
app’s
new
privacy
policy.

The
Bench
of
Chief
Justice
Satish
Chandra
Sharma
and
Justice
Subramonium
Prasad
refused
to
stay
the
probe
order.

Probe
must
continue
as
WhatsApp
policy
not
withdrawn:
CCI
tells
Delhi
HC

The
bench
kept
the
order
reserved
on
July
25,
2022
after
completion
of
all
the
submissions
by
all
sides.

Appearing
for
Facebook
Inc,
senior
advocate
Mukul
Rohtagi
had
submitted
that
because
Facebook
is
the
formal
owner
of
Whatsapp
and
the
platform
is
said
to
share
its
data
with
Facebook
(parent
company)
doesn’t
mean
that
it
is
a
necessary
party
to
investigate.
While
opposing
the
CCI
probe
against
Facebook,
Rohtagi
further
argued
that
there
is
no
prima
facie
material
available
with
the
CCI
to
proceed
with
while
conducting
the
investigation
on
WhatsApp’s
new
privacy
policy.

However,
Additional
Solicitar
General
appeared
for
CCI
submitted
that
its
jurisdiction
to
investigate
Whatsapp’s
new
privacy
policy
is
not
closed
as
the
policy
in
question
is
neither
withdrawn
nor
stayed
by
any
court
or
by
any
judicial
forum.
Earlier
CCI
counsel
said
“we
presently
are
not
able
to
move
forward
with
the
investigation
as
the
matter
is
examined
by
this
court.”

Earlier
in
the
hearing,
the
Bench
noted
that
the
Data
Protection
Bill
is
yet
to
be
finalised
by
the
respondents/Centre
while
granting
time
to
Whatsapp
and
Facebook
to
file
their
response
over
notice
issued
to
them
by
CCI
sought
several
details
from
them.
Court
also
extended
the
interim
order
granted
to
appellant
by
earlier
by
the
court.
Earlier,
senior
advocate
Harish
Salve
appearing
for
Whatsapp
LLC
informed
the
court
that
we
are
insisting
to
file
response
on
CCI
notices
despite
the
matter
pending
before
the
courts
and
under
judicial
consideration.

Whatsapp
was
sent
a
notice
on
June
4,
2021
while
Facebook
was
sent
a
notice
on
June
8,
2021
by
CCI
seeking
information
and
response
to
certain
queries.