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Facebook, WhatsApp Plea Against CCI order to Investigate Privacy Policy Dismissed: High Court

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 Image by Robert Cheaib from Pixabay


WhatsApp had argued that since the issue of its privacy policy was before the Supreme Court, the Competition Commission of India does not need to order an investigation.

The Delhi High Court on Thursday dismissed an application for a WhatsApp instant messaging app challenging a decision by the Competition Commission of India (CCI) to seek a new controversial privacy policy.

WhatsApp had argued that since the issue of its privacy policy was before the Supreme Court, the CCI did not need to order an investigation. Not only WhatsApp, but also the major social media Facebook, which owns the instant messaging app, has also filed a similar application challenging the decision of watchdog’s March 24th.

WhatsApp had said the CCI "jumped the gun" and launched an investigation while this was not a competitive problem. It was argued that the matter in respect of personal data of users, and the sharing of personalized information was already in the Supreme Court, which is why the CCI should not have intervened.

The Supreme Court, however, noted that the CCI's order of inquiry could not be repealed simply because it did not anticipate the outcome of pending cases before the Supreme Court and the Supreme Court.

The CCI, on the other hand, argued that probe orders were made to measure whether the availability of data could lead to harassment of a senior position.

The commission said it was concerned with the privacy policy of the instant messaging app that could lead to “excessive data collection” of consumers, use and sharing of information in a competitive manner.

The commission said it was not concerned about the secrecy of the matter as the High Court had already taken it.
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