CCI probe in relation to WhatsApp privacy policy a headline-grabbing endeavour: Harish Salve argues before Delhi High Court

Competition Commisison of India jumped the gun by starting suo motu proceedings in relation to WhatsApp's privacy policy of 2021 when the issue was pending before two constitutional courts, argued the Facebook-owned messaging platform before the Delhi High Court today. .Appearing for WhatsApp, Senior Advocate Harish Salve told a Single Judge Bench of Justice Navin Chawla, "The matter is pending before the Supreme Court.. this is a headline-grabbing endeavour..".Salve contended that privacy was a constitutional issue that could not be gone into by the anti-trust regulator. ."We have drifted very far away from what is a competition matter. Personal data and privacy is primarily a constitutional virtue. I'm using data available in my own system. To prevent me from doing so, there has to be some law." Salve said. .Breaking: CCI calls for DG investigation into WhatsApp Privacy Policy.The Court was informed that a challenge to the WhatsApp privacy policy was pending in two matters before the High Court itself and the Supreme Court. .Salve reiterated WhatsApp's stand that "respect for privacy" was "coded in its DNA" as the communication on its platform was end-to-end encrypted.It was nonetheless stated, "Meta data in my system doesn't belong to the user. If it is my data, I may want to monetise it myself.".It was also clarified that the 2021 policy was just an updated version of the 2016 policy and the "opt-out" option was available as before. .Facebook also mounted a challenge to the CCI order stating that it was an abuse of suo motu proceedings and that could not be made a party to the investigation. .Senior Advocate Mukul Rohatgi argued,."WhatsApp policy is not my policy. I cannot be added as a party.. to be embroiled in litigation. It is nobody's case that it is a joint policy..The exercise of jurisdiction by CCI is wrong and barred and will amount to perversity.".He added that a probe could not be directed against Facebook on the ground that it was a beneficiary of the policy."The DG is told to investigate completely speculative things..", argued..Rohatgi further said that in view of comity of institutions, CCI must respect High Court and Supreme Court which are already seized of the issues arising out of the policy..Senior Advocate Amit Sibal argued that the CCI order did not meet the requirements of Section 26(1) of the Competition Act. .The CCI order was defended by Additional Solicitor General Aman Lekhi who contended that the issue before the regulator was only with respect to the anti-competitive aspect of the policy. ."We are dealing with privacy policy (but) the matter is not of privacy but access to data. Competition Commission is going to deal with meta data.".Stating that there was no clash with the courts dealing with issues of privacy, he explained, "Issue is completely competition based. Understanding consumer behaviour and preferences.. It facilitates targeted advertising. Facebook owns Whatsapp. Whether WhatsApp is going to share with Singal or Telegram? No, because they are competing apps.".Lekhi also opposed WhatsApp and Facebook's contention that the CCI probe was sought to made into the issue of privacy of users. Urging the Court to read the order in a holistic manner, Lekhi stated, "They are dealing with excessive data collection, use and sharing of it, in anti competitive context.".He also submitted that being a beneficiary, Facebook now cannot wash its hands-off. .Order was reserved by the Court after hearing the parties. .Read the complete account of the hearing below: .Delhi High Court hears Facebook plea against probe by CCI into new WhatsApp Privacy policy [LIVE UPDATES]