Delhi High Court refuses to stay CCI probe into WhatsApp’s new privacy policy

The Delhi High Court has refused to stay the CCI notice against WhatsApp pertaining to the ongoing probe into its new privacy policy. The Facebook-owned messaging app had moved the high court seeking to restrain CCI’s notice dated June 4 that asked the platform to furnish details regarding its new privacy policy The directorate general, CCI had sent a letter posing 22 queries as part of its investigation against WhatsApp’s privacy policy.

A vacation bench of Justices Anup Jairam Bhambhani and Jasmeet Singh said an application seeking stay of further steps in the investigation has been filed in which notice was issued to the Director General of CCI and no interim relief was given by the division bench on May 6. It is listed for consideration on July 9.

We also find that there is substantial overlap, in fact near identity, as between the prayers made in… (earlier application) and those made in the present application. For the foregoing reason, we do not consider it appropriate to stay the operation of impugned notice dated June 4, at this stage, the bench said in its order passed on June 21 and made available on Wednesday.

The bench said there was no doubt that the June notice by the DG is a step in furtherance of the investigation commenced in suo motu case pursuant to order of March 24, which is the subject matter of the challenge in the present appeals.

In their fresh applications filed in the pending appeals, Facebook and WhatsApp have sought stay on the CCI’s notices asking them to furnish certain information for the inquiry conducted by it. The notices were issued to WhatsApp and Facebook on June 4 and June 8 respectively.

The case relates to the appeals of Facebook and WhatsApp against a single judge order dismissing their pleas against the probe CCI ordered into the instant messaging app”s new privacy policy.

The high court had on May 6 issued notices on the appeals and asked the Centre to respond to it.

Also Read: Pfizer in final stages of agreement to supply vaccine doses to India: CEO

The high court, in its June 21 order, noted that Additional Solicitor Generals (ASG) Aman Lekhi and Balbir Singh, representing CCI, submitted that though the issuance was perfectly in line with the procedure contemplated under the statute for taking forward an on-going investigation, which has not been stayed by the division bench, it would take substantial time for preparing a report after the receipt of the information called-for.

(with PTI inputs)