Cyrus Mistry accident: Case of rash driving filed against Dr Anahita Pandole
Palghar (Maha), Nov 5: Two months after former Tata Sons chairman Cyrus Mistry died in a car accident, police in Maharashtra's Palghar district on Saturday registered a case against Dr Anahita Pandole for alleged rash driving.
A case under Indian Penal Code sections 304(A) (causing death by rash and negligent act), 279 (rash driving on a public road) and 337 (causing death by act endangering life and personal safety of others) besides the Motor Vehicles Act was registered at Kasa police station, officials said.
Mistry (54) and his friend Jahangir Pandole died in a car crash on a bridge on the Surya river on the Mumbai-Ahmedabad highway in Palghar district adjoining Mumbai on September 4, 2022. They were riding in the back seat of the Mercedes car.
Anahita Pandole, a Mumbai gynaecologist who was driving the car, and her husband Darius Pandole who was sitting next to her, were seriously injured.
During the investigation, witnesses were questioned and reports were obtained from the Regional Transport Office and Mercedes Benz India Pune, said a police release here.
"Based on the reports and probe it has been established that the accident was the result of rash and negligent driving," and hence a case was registered against Dr Anahita Pandole, it added.
A police official had claimed on Friday that Darius Pandole (60) told police in his statement that his wife Dr Anahita could not merge the vehicle into the second lane from the third lane of the road that turned narrow near the Surya river bridge.
Darius Pandole was discharged from a Mumbai hospital last week.
"In his statement, Darius Pandole said his wife Anahita was driving the Mercedes-Benz car when they were on their way to Mumbai. A car which was ahead of their vehicle went to the second lane from the third and Anahita also tried to follow the same," the official said.
When she tried to take the car to the second lane, she found that there was a truck on the right side (in the second lane) due to which she was not able to merge into that lane, he said, adding the lane turned narrow near the bridge.
The statement of Anahita Pandole was yet to be recorded as she was still undergoing treatment at a hospital, police had said.
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CCI slaps Meta with Rs 213 crore fine over WhatsApp’s 2021 privacy policy update
New Delhi, Nov 18: The Competition Commission of India (CCI) on Monday imposed a penalty of Rs 213.14 crore on social media major Meta for unfair business ways with respect to WhatsApp privacy policy update done in 2021.
Besides, the competition watchdog has directed Meta to “cease and desist” from anti-competitive practices.
Meta and WhatsApp have also been asked to implement certain behavioural remedies within a defined timeline to address the anti-competition issues, according to a CCI order.
The regulator has called for implementing various remedial measures, including barring WhatsApp from sharing data collected on its platform with other Meta companies or Meta company products for advertising purposes for five years.
Among other directions, CCI has said that sharing of user data collected on WhatsApp with other Meta companies or Meta company products for purposes other than for providing WhatsApp services shall not be made a condition for users to access WhatsApp Service in India.
The Competition Commission of India (Commission) on Monday imposed a penalty of Rs 213.14 crore on Meta for abusing its dominant position,
Passing the order against abuse of dominance, the Competition Commission of India (CCI) said this (penalty) relates to how WhatsApp's 2021 Privacy Policy was implemented and how user data was collected and shared with other Meta companies.
For the case, CCI delineated two relevant markets -- OTT messaging apps through smartphones in India, and online display advertising in India. "Meta Group operating through WhatsApp was found to be dominant in the market for OTT messaging apps through smartphones in India. "Furthermore, it was also found that Meta holds a leading position compared to its competitors in online display advertising in India," CCI said in a release.
Starting from January 2021, WhatsApp notified users about updates to its terms of service and privacy policies.
The in-app notification, effective from February 8, 2021, stated that users were required to accept these terms, including expanded scope of data collection as well as mandatory data sharing with Meta companies, to continue using WhatsApp.
Under the previous privacy policy dated August 25, 2016, WhatsApp users were given the option to decide whether they wanted to share their data with Facebook, the release said.
"However, with the latest policy update in 2021, WhatsApp made data sharing with Meta mandatory for all users, removing the earlier option to opt-out. As a result, users had to accept the new terms, which include data sharing with Meta, in order to continue using the platform," it added.
The watchdog has concluded that the 2021 policy update by WhatsApp on a "take-it-or-leave-it" basis constitutes an imposition of unfair condition under the Competition Act, as it compels all users to accept expanded data collection terms and sharing of data within Meta Group without any opt out.
"Given the network effects and lack of effective alternatives, the 2021 update forces users to comply, undermining their autonomy, and constitutes an abuse of Meta's dominant position. Accordingly, the Commission finds that Meta (through WhatsApp) has contravened Section 4(2)(a)(i) of the Act," it said.
Further, CCI said that sharing of WhatsApp users' data between Meta companies for purposes other than providing WhatsApp Service creates an entry barrier for the rivals of Meta and thus, results in denial of market access in the display advertisement market.
According to the regulator, Meta has engaged in leveraging its dominant position in the OTT messaging apps through smartphones to protect its position in the online display advertising market in contravention of the competition law.
CCI has barred WhatsApp from sharing data collected on its platform with other Meta companies or Meta company products for advertising purposes for five years and the debarment period will start from the date of receipt of this order.
With respect to sharing of WhatsApp user data for purposes other than advertising, the regulator said WhatsApp's policy should include a detailed explanation of the user data shared with other Meta companies or Meta company Products.
"This explanation should specify the purpose of data sharing, linking each type of data to its corresponding purpose," it said.
The watchdog also said that sharing of user data collected on WhatsApp with other Meta companies or Meta company products for purposes other than for providing WhatsApp services shall not be made a condition for users to access WhatsApp Service in India.
Regarding sharing of WhatsApp user data for purposes other than for providing WhatsApp services, CCI said all users in India (including users who have accepted 2021 update) will be provided with the choice to manage such data sharing by way of an opt-out option prominently through an in-app notification.
Also, the regulator has asked for the option to review and modify their choice with respect to such sharing of data through a prominent tab in settings of WhatsApp application, and all future policy updates should comply with these requirements.
