The Delhi High Court on Thursday asked the Competition of India to respond to Facebook and WhatsApp’s appeals against a judge’s order that rejected their request for an investigation by the CCI’s new privacy policy for instant messaging apps.

The bench of Chief Justice DN Patel and Justice Jasmeet Singh sent a notice to the CCI that the committee has ordered an investigation and will seek its response by May 21, the next date of the hearing.

On April 22, a judge stated that although CCI awaits the outcome of the appeals from the Supreme Court and the Delhi High Court against WhatsApp’s new privacy policy, it is a “prudent” approach, otherwise it will not cause the regulator to issue an order. “Improper” or “Want to have jurisdiction.”

The court stated that there is no merit in blocking CCI’s investigations in the Facebook and WhatsApp petitions.

CCI argued before single judges that it did not review alleged violations of personal privacy under investigation by the Supreme Court.

It argued in court that WhatsApp’s new privacy policy would lead to excessive data collection and consumer “stalking”, which would result in targeted advertising to attract more users, and was therefore accused of abusing its dominant position.

It argued: “There is no question of jurisdictional errors.” WhatsApp and Facebook questioned the request of its decision as “incompetent and misunderstood.”

WhatsApp and Facebook challenged the CCI’s March 24 order, requesting an investigation into the new privacy policy.

CCI also the court that only after an investigation can it be determined whether WhatsApp’s collection of data and sharing it with Facebook constitutes anti-competitive practices or abuse of dominance.

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It also argues that the collected data (including the location of the individual, the type of device used, their Internet service provider, and the data they talk to) will lead to the creation of customer profiles and preferences and monetize them in the following ways Targeted advertising, all of which are equivalent to “tracking.”

The two social media platforms argued that when the Supreme Court and Delhi High Court are studying privacy policy, CCI should not “jump the gun” and intervene in this issue.

They also stated that the CCI’s decision abused the committee’s collective jurisdiction.

They claim that the CCI in this case is “far away” from the competition, and they are investigating privacy issues that the Supreme Court and the Delhi High Court are already investigating.

In January, CCI independently decided to study WhatsApp’s new privacy policy based on news reports on WhatsApp.


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