Delhi HC dismisses Facebook, WhatsApp pleas against CCI order to probe privacy policy

The Delhi High Court on Thursday dismissed pleas by social media platforms Facebook and WhatsApp, challenging India's competition regulator CCI's order directing a probe into WhatsApp's new privacy policy.

Justice Navin Chawla said that though it would have been "prudent" for the Competition Commission of India (CCI) to await the outcome of petitions in the Supreme Court and the Delhi HC against WhatsApp's new privacy policy, but not doing so would not make the regulator's order "perverse" or "wanting of jurisdiction".

The court said it saw no merit in the petitions of Facebook and WhatsApp to interdict the investigation directed by the Competition Commission of India (CCI).

Justice Navin Chawla had on April 13 reserved judgement on the two separate petitions by Facebook and WhatsApp.

While reserving its decision, the court had observed that the order of the Competition Commission of India (CCI) does not reflect an investigation into abuse of dominant position and rather appears to be concerned with privacy issues of consumers.

The observation came in response to CCI's stand that it was not examining the alleged violation of individuals' privacy which was being looked into by the Supreme Court.

Competition Commission of India or CCI had argued before the court that the new privacy policy of WhatsApp would lead to excessive data collection and "stalking" of consumers for targeted advertising to bring in more users and is therefore an alleged abuse of dominant position.