Justice Prathiba M. Singh recused herself from hearing the matter and the same would now be listed before another bench on April 12. The two giants knocked the doors of the high court against a CCI order dated March 24 whereby the CCI directed its investigative arm to conduct a probe against the two companies after prima facie findings that the firm has contravened competition law provisions through its “exploitative and exclusionary conduct” in the garb of policy updates.
The data sharing policy seemed exploitative and could have exclusionary effects which have the potential to undermine the competitive process and create further barriers to market entry, the CCI said in its order.
The 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 to be unfair to users, it said.
- Fails to specify types of sensitive personal data being collected,
- Fails to notify user details of collection of sensitive personal information,
- Fails to provide an option to review or amend information,
- Fails to provide an option to withdraw consent retrospectively,
- Fails to guarantee further non-disclosure by third party.