WhatsApp Privacy Policy: CCI appeals for further investigation. read here

The CCI placed its statements before a bench headed by Chief Justice Satish Chandra Sharma. Submissions were made on appeals by WhatsApp LLC and Facebook Inc. against an order dismissing a challenge to an inquiry ordered by the CCI into the instant messaging platform’s updated privacy policy.

A bench of Justice Subramaniam Prasad, after hearing the parties, reserved the order on the appeals.

CCI probe on WhatsApp privacy policy

In January last year, the CCI itself decided to look into the updated privacy policy of WhatsApp based on news reports about the same.

WhatsApp and Facebook later challenged before a single judge CCI March 2021 Directing an inquiry against him, ordered that the issue related to his new policy is already under consideration before the High Court and the Supreme Court.

However, the single judge had on April 22 last year refused to interfere with the investigation directed by the CCI.

The CCI had argued before a single judge that WhatsApp’s new privacy policy would lead to excessive data collection and “chasing” consumers for targeted advertising to bring in more users and, therefore, an alleged abuse of dominant position.

CCI’s arguments

Additional Solicitor General (ASG) N Venkataraman, appearing for the CCI, argued that the CCI investigation of the privacy policy – which is “still in force and functional” – should not be postponed further to await the Supreme Court’s decision. Notably in the absence of a stay on the single judge’s order, and claims that the messaging platform is still issuing “pop ups” seeking consent from users who have not yet accepted the updated policy.

“Judicial process cannot be used to thwart investigation…. (pendency of privacy issue before Supreme Court) cannot automatically eliminate competition law concerns. No overlap in facts We should be allowed to investigate. There is no overlap in the law,” he said. argued

ASG said violations on the competition law front could still happen as there are users who have opted for a policy update and “for the non-refundable period”, the policy has to be “examined”.

ASG Balbir Singh, also appearing for the CCI, defended the initiation of the investigation with regard to the privacy policy of Facebook as well as WhatsApp, saying that the former is the holding company of the messaging platform and it is a “potential form of data being shared”. can take advantage of”.

ASG Venkataraman argued that the outcome of the Supreme Court proceedings would not have any bearing on proceedings under the Competition Law which deals with abuse of dominant position by a market player.

He also said that unless there is lack of jurisdiction or malpractice or arbitrariness, the CCI investigation cannot be stopped.

logic of whatsapp

Advocate Tejas Karia, appearing WhatsAppSaid that “status quo” is being maintained for users who have not opted for the policy update and the CCI investigation should be postponed in view of 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 the jurisdiction of the CCI to examine a policy which has now been put on hold and the government is in the process of bringing in a Data Protection Bill.

Senior advocate Mukul Rohatgi, appearing for Meta Platforms, had argued that there was no prima facie material in the case and the CCI could not investigate it in a “creepy fashion”.

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