WhatsApp will shut down if forced to break encryption: Company tells Delhi HC
WhatsApp told the court that it has more than 400 million users in India and they use the app largely for its privacy features.
The Delhi High Court on Monday granted more time to WhatsApp and Facebook to file their response over notices issued to them by the Competition Commission of India (CCI) after a Single Bench dismissed pleas challenging an investigation order by CCI into the app’s new privacy policy.
A Division Bench of Justices DN Patel and Jyoti Singh on Monday noted that the Data Protection Bill yet to be finalised by the respondents adjourned the matter for 30 March 2022.
Senior advocate Harish Salve, appearing for WhatsApp LLC, informed the court that CCI was insisting on response to notices despite the matter being pending before the courts and under judicial consideration.
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Additional Solicitor General Aman Lekhi on behalf of CCI stated that the stay which was granted on 30 July 2021, and further extended to 27 August 2021, was later vacated on 11 October 2021.
WhatsApp was sent a notice on 4 June while Facebook was sent a notice on 8 June by CCI seeking information and response to certain queries.
Earlier, the Delhi HC urged the DG, CCI to bear in mind that investigation against WhatsApp and Facebook is under judicial consideration before a Division Bench of this court.
“…we do not consider it appropriate to stay the operation of impugned notice dated 04.06.2021, at this stage…” said Delhi High Court Bench had said.
The social media giants challenged the Delhi HC’s Single Bench order on 22 April of investigation into the app’s new privacy policy. CCI had directed a probe on 24 March which was slated to be completed within 60 days.
Salve and former Attorney General Mukul Rohatgi appeared for the petitioners and had told the court that CCI proceedings must be kept in abeyance as the matter is pending before Supreme Court and High Court. Lekhi had earlier told the court that the matter is not of privacy but access to data and the CCI is going to deal with metadata.
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