An antitrust probe to safeguard the rights of our WhatsApp users
Live MintThe suo-moto order by the Competition Commission of India to launch an investigation into WhatsApp’s new privacy policy is a landmark and laudably assertive exercise of its statutory role as the guardian of consumer rights and unhindered competition in our market. By taking cognizance of the potential impact of WhatsApp’s policy on Indian consumers, the CCI has rightfully stood up on behalf of a free market as well as for the privacy rights of consumers, describing it in its well-reasoned and detailed prima-facie order as “exclusionary” and “exploitative”. A low standard of data protection, if combined with the act of data cross-linking across services being offered by group companies, can create a vicious cycle wherein a dominant player collects vast quantities of personal data and/or misuses it, limiting the user’s freedom of choice. If one looks around, Japan’s market regulator had come up with guidelines in 2019 that stated any use of personal information, including users’ purchase history and location, without their consent would constitute an “abuse of a superior bargaining position”, a violation specified under Japan’s Anti- Monopoly Act.