Privacy Policy: Shock to WhatsApp from Delhi High Court, refusing to stay order of Competition Commission of India


On April 13, the court had completed a hearing on two separate petitions by Facebook and WhatsApp. The court, while concluding the hearing, had observed that the CCI does not reflect the investigation into the abuse of the dominant position, instead appears to be concerned about the privacy of the customers.

The Delhi High Court has refused to stay a Competition Commission of India (CCI) notice seeking certain information from Facebook and the messaging app in connection with its probe into WhatsApp's new privacy policy. A vacation bench of Justice Anoop Jairam Bhambhani and Justice Jasmeet Singh said that an application seeking a stay to take further steps in the investigation has already been filed in which notice was issued to the Director-General of CCI. On this, the bench did not grant any interim relief on May 6 and fixed July 9 for a hearing on it.

In the order passed on June 21, the bench said, "We also find that similar things have been said in the earlier application and the present application. Due to earlier reasons, we do not consider it appropriate to stay the June 8 notice at this time.” A copy of this order was made available on Wednesday.

The matter pertains to the appeals of Facebook and WhatsApp against the order of the single bench. The single bench had dismissed their petitions against the CCI ordering a probe into WhatsApp's new privacy policy. The High Court had earlier issued notices on the appeals and asked the Center to respond.