Delhi HC gives Whatsapp, Facebook further time to respond to CCI probe on new privacy policy
Mar 30, 2022
New Delhi [India], March 30 : The Delhi High Court on Wednesday grants more time to Whatsapp and Facebook to file their response over notices issued to them by the Competition Commission of India (CCI).
The Division Bench was hearing the petitions of Whatsapp and Facebook challenging the single bench, which had dismissed their pleas challenging a CCI order for an investigation into the messaging app's new privacy policy.
Meanwhile, ASG Balbir Singh appeared for CCI and urge High Court to not defer the hearing further due to the pendency of the Data Protection Bill.
The Bench of Justice Rajiv Shakdher and Justice Poonam A. Bamba on Wednesday after noting that the Data Protection Bill is yet to be finalised by the respondents further adjourned the matter for July 21, 2022. After taking notes of the submission of the appellant the court grants time to Whatsapp and Facebook to file their response over the notice issued to them by CCI sought several details from them. Court also extends the interim order granted to the appellant earlier by the court.
Earlier, Senior Advocate Harish Salve appearing for Whatsapp LLC. informed the Court that we are insisting to file a response on CCI notices despite the matter is 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 sought several information and response to certain queries.
Earlier, the Delhi HC urged the DG, CCI to bear in mind that the investigation against the appellant (WhatsApp and Facebook) is under judicial consideration before a Division Bench of this court. The bench also states that, In our view, there is no doubt that the issuance of impugned notice by the DG is a step in furtherance of the investigation commenced in the suo-motu case, in which investigation is the subject matter of the challenge in the present LPA. "...we do not consider it appropriate to stay the operation of impugned notice dated 04.06.2021, at this stage...", said Delhi High Court Bench.
Facebook and Whastapp had approached the Division bench through an appeal challenged single-judge bench order dismissing their pleas against the CCI decision.
The single bench of the Delhi High Court on April 22, 2021had dismissed Facebook and WhatsApp pleas challenging a CCI order for an investigation into the messaging app's new privacy policy. The petitioners had challenged the March 24 order passed by CCI directing a probe into the new privacy policy and the probe should be completed within 60 days.
Facebook and WhatsApp said that since the issue of WhatsApp's privacy policy is being heard by the Supreme Court, High Court, therefore, there was no requirement for CCI to order the probe. Senior Advocate Harish Salve and Former Attorney General Mukul Rohatgi appeared for the petitioners and had told the court that CCI proceedings must be kept in abeyance as the matter is pending before Supreme Court and High Court.
Additional Solicitor General (ASG), who represented CCI in the matter, had earlier told the court that the matter is not of privacy but access to data and the Competition is going to deal with metadata.
