In a major blow to Facebook and Whatsapp, the Delhi High Court on Thursday dismissed pleas by Facebook and WhatsApp, challenging Competition Commission of India (CCI) order directing a probe into new privacy policy of Whatsapp.
During the hearing, Justice Navin Chawla said that though it would have been “prudent” for the CCI to await the outcome of petitions filed against Whatsapp’s new policy in the Supreme Court and the Delhi HC, but not waiting for the verdict would not make the regulator’s order “perverse” or “wanting of jurisdiction”.
Justice Chawla said that there is no merit in the petitions of Facebook and WhatsApp to interdict the investigation directed by the CCI.
Earlier, the HC had reserved its verdict in the case. The HC had also observed that CCI order does not reflect a probe into abuse of dominant position and rather it seems that the CCI is really concerned over privacy issues of consumers.
The HC had made this observation in response to the stand taken by the CCI that it was not examining the alleged violation of individuals’ privacy as this matter is already pending before the apex court. According to CCI, WhatsApp new privacy policy would lead to excessive data collection and “stalking” of consumers for targeted advertising and this is a clear case of abuse of dominant position.
It further said, “There is no question of jurisdictional error,” adding that WhatsApp and Facebook’s pleas challenging its decision were “incompetent and misconceived”.
Source: dnaindia.com