Lashing out at Facebook and WhatsApp, the Competition Commission of India (CCI) told the Delhi High Court (HC) on Thursday that it could not go a centimeter in its inquiry in regards to messaging platforms’ 2021 update of privacy policies. The messaging platforms 2021 update of privacy policies. Rohtagi further said the case against WhatsApp privacy policies is being heard before the Supreme Courts Constitution Bench, and that the CCI was unable to initiate the investigation because of possible conflicts of judgments being rendered. Rohtagi mentioned that the CCIs inquiry was really about agitation against WhatsApps decision to not provide people with the option of opting out.
Tracy Le Blanc
The Bench is hearing pleas from WhatsApp Ltd and Facebook Inc challenging the court’s order that dismissed their pleas against the investigation ordered by the CCI into Whatsapps updated privacy policy. The Delhi high court is hearing the appeals by Meta Platforms and WhatsApp in opposition to the order by a bench of judges declining to interfere in the CCIs investigation.
The Single Bench of the Delhi High Court, the Supreme Court, dismissed petitions filed by WhatsApp and Fb on 22 April 2021, that had claimed the issues related to privacy protections were already under consideration before the Delhi High Court and the Supreme Court. Meta Platforms, owner of WhatsApp and FB, informed the Delhi Excessive Court on Friday that an ongoing Competition Commission of India (CCI) inquiry against it over WhatsApps privacy cover, WhatsApps privacy cover, is not an innocent inquiry.
“The fact that WhatsApp shares something with me is not a ground for investigation. They are intruding in my business,” Senior Advocate Mukul Rohatgi, representing Meta. “Stop WhatsApp. You cannot come in a creeping fashion [against me]. You [CCI] cannot creep into other fields, other parts which are not subject of the investigation. Keep them [WhatsApp and Meta] into two compartments,” he argued.
The Division Bench is scheduled to hear arguments from CCI on the matter on Monday. The single judge reasoned that while the CCI might be wise to wait out the results of the petitions filed in the Supreme Court and High Court challenging Whatsapp’s updated privacy policy, failing to do so will not render the regulator’s orders perverse or unnecessary. The brief came as the HC was hearing an appeal filed by WhatsApp and Facebook against an earlier order dismissing their earlier petitions against an inquiry launched by the CCI on WhatsApps updated privacy policy.
