CCI Lashes Out At Meta In Delhi HC For Stalling Probe Into WhatsApp’s 2021 Privacy Policy Update

Lashing out at Facebook and WhatsApp, the Competition Commission of India (CCI) on Thursday (July 21) told the Delhi High Court (HC) that it was not able to ‘move an inch’ in its probe into the messaging platform’s 2021 privacy policy update.

The competition watchdog reportedly told a bench comprising Justices Satish Chandra Sharma and Subramonium Prasad that there was ‘virtually a stay’ on the investigation owing to the time granted by the Court to both Meta-owned platforms to file replies in the matter.

“The investigation is 16 months old… We are not able to move an inch. We must be allowed to investigate,” said a lawyer representing the CCI. 

The comments came while HC was hearing appeals filed by WhatsApp and Facebook against a previous order that dismissed their earlier pleas against the investigation launched by the CCI into WhatsApp’s updated privacy policy.

In an oral observation, the HC noted that the two companies in contention should file their replies before the CCI and listed the matter for next hearing on Friday (July 22). 

Facebook India’s lawyer called for deferring the hearing on the matter citing involvement of issues of significance. Another lawyer appearing for the appellants argued that the said appeals would become ‘infructuous’ if the interim protection was taken away.

The case captured national attention in January last year after WhatsApp tried to force certain policy updates down the throats of its customers. The contentious policy pertained to a new update that enabled WhatsApp to use some of the ‘business conversations’ users had with  business accounts on the app for advertising.

The uproar led to the CCI announcing a probe into the update later in March 2021. Subsequently, both Facebook and WhatsApp approached a single-judge bench against the investigation, but the plea was dismissed by the court, refusing to obstruct the CCI’s probe.

The CCI had argued before the single-judge bench that the new policy would lead to excessive data collection and ‘stalking’ of consumers for targeted advertising, adding that it was an abuse of dominant position.

Since then, the case has been stuck in limbo with Facebook and WhatsApp lawyers filing a host of pleas. With the court set to assemble on Friday, it remains to be seen what the HC’s next course of action will be.

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