"No prima facie evidence to investigate: Facebook to Delhi High Court in WhatsApp privacy policy probe"

"No prima facie evidence to investigate: Facebook to Delhi High Court in WhatsApp privacy policy probe"

In connection with the probe into WhatsApp's privacy policy, Facebook, now Meta Platforms, argued before the Delhi High Court that there was not even prima facie material available for the Competition Commission of India (CCI) to start investigation it.

It was submitted before a bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad that CCI cannot investigate it in a "creeping fashion".

It was further argued by Facebook that although it is the formal owner of WhatsApp, by means of which all data is shared with the parent company, it does not mean that Facebook is a necessary party to the probe.

"The ground that WhatsApp will share something with me is no ground to initiate investigation against me," submitted Facebook.

"The fact that WhatsApp can share items with certain people does not mean they could all be the necessary parties. These policies are not my policies. Whether it breaches the right to privacy is to be seen but merely because they share it with X, Y or Z is not a ground to investigate me," Facebook said.

The bench, which listed the matter for further hearing on July 25, was hearing appeals of WhatsApp LLC and Facebook Inc challenging a single-judge order dismissing their pleas against the probe ordered by the CCI into the instant messaging platform's updated privacy policy.

WhatsApp, submitted that they were not challenging the investigation but the challenge was to CCI's jurisdiction to probe the matter.

It was contended that CCI was probing its privacy policy which has not been kept in abeyance and as the government was in the process to bring the Data Protection Bill, the cause of action in the matter has disappeared.

Senior advocate Parag Tripathi, appearing for Facebook India, said it has nothing to do with the privacy policy but still it has been roped in by the CCI into the probe.

The arguments on behalf of WhatsApp, Facebook Inc, and Facebook India concluded and the court will hear the submissions of the counsel for CCI on July 28.

On Thursday, CCI had told the court that it was not able "move an inch" in its investigation into WhatsApp's privacy policy of 2021 on account of a court order granting time to Facebook and the instant messaging platform for filing replies in connection with the probe.

It had said that there was "virtually a stay" on the proceedings and the anti-trust regulator must be allowed to carry out its investigation and Facebook and WhatsApp must be asked to file their replies.

In pursuant to which a bench headed by then Chief Justice DN Patel extended the time for filing replies by Facebook and WhatsApp to two CCI notices of June 2021 asking them to furnish certain information for the purpose of inquiry conducted by it.

The court had orally observed that "there was no stay order" concerning the probe and opined that the two companies should file their reply before CCI.