Sharing of data by Facebook a concern, somebody should look into Cambridge Analytica: Delhi HC

The observations were made during the hearing of Facebook and WhatsApp’s appeals against a single-bench order declining to interfere with the Competition Commission of India (CCI) investigation into the messaging application’s privacy policy. However, the court clarified that it was making the observations generally and not particularly with regard to the case.

The division bench headed by Justice Rajiv Shakdher said that every citizen has a concern about the sharing of data by Facebook. “Cambridge Analytica weighs very heavily on us. I personally feel someone needs to look into it,” said Justice Shakdher.

The judge also expressed concern over the social media sites’ capability to predict user behaviour. “Aside from this case, they (Cambridge Analytica) say they today have at least 5000 data points on every citizen … that is what they did in America… that means they can now actually predict what you are going to do in a particular action,” said Justice Shakdher.

Senior Advocate Harish Salve, representing WhatsApp submitted that the messaging app “does not have the problem” as it does not look at the user messages but Facebook itself states that you are putting your life in public domain.

In response to Salve’s statement that he gets notifications whenever a “dear friend of his” lands in Goa, the court observed, “… but from there if they predict what he is going to do in Goa is a little bit of a problem. It is what they are able to do now”.

The court on Wednesday adjourned the appeals filed by WhatsApp and Facebook after Salve submitted that since the Personal Data Protection Bill, 2019 is pending consideration, the matter could be stood over. It also extended the interim order passed in favour of the companies earlier in respect of the notices issued by CCI to them.

WhatsApp on July 09 last year had told the court that it will not be limiting the functionality of its messaging app in case a user does not consent to its latest privacy policy and will maintain the approach at least till the forthcoming data protection bill comes into effect. The company also said that it will not compel users in India to accept the policy.

CCI, the competition regulator, on March 24 last year had come to a prima facie conclusion that the conduct of WhatsApp in “sharing of users’ personalised data with other Facebook companies, in a manner that is neither fully transparent nor based on voluntary and specific user consent” appears unfair to the users.

A single-bench of the High Court on April 22 in 2021 had dismissed the petitions filed by WhatsApp and Facebook which have been arguing that the issue related to the privacy policy is already pending before the Supreme Court and High Court. The companies have approached the division bench in appeal against the single-bench decision and the CCI order.