Hamburg data protection activist Johannes Kaspar wants to block Facebook from using WhatsApp data.
IIn January 2021, WhatsApp notified its users of the new terms of use – and set a deadline for them of February 8. Anyone who does not agree to the rules that have been changed by that time will not be able to access the messaging service. This caused a storm of discontent and prompted many users to switch to the bountiful competition – like Signal, Threema, and Telegram. The result: WhatsApp has postponed the introduction of the new terms of use until May 15, 2021. If Hamburg’s data protection activist Johannes Kaspar makes his way, nothing will come too: he would like to put an end to the use of WhatsApp data on Facebook’s parent company.
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A privacy attorney criticizes the regulations
Such as the Hamburg Commissioner for Data Protection and Freedom of Information in Authority website He announced that he had opened what is known as the urgency measure. The goal is to reach a decision before May 15th. Casper’s authority is particularly troubled by WhatsApp regulations, which contain broad clauses “by which the service itself grants the right to share user data with other Facebook companies.” But Facebook’s own privacy policy also provides for general use across companies and an assessment of data from affiliates. And it is feared that Facebook will create additional options for exchanging data for marketing purposes and direct mail with the new regulations.
Facebook and WhatsApp reject the allegations
WhatsApp always maintains that there is no scheme to transfer expanded data to Facebook. The changes are primarily about creating better ways to communicate with companies. The so-called end-to-end encryption, by means of which the chat content is only visible in clear text, will not be shaken to the participating users. The statement that the chat service will share more data with the mother after the rejection of the rule change by Facebook and WhatsApp when they were originally announced in January 2021.
At the same time, WhatsApp itself has emphasized that exchanging messages with companies is different than with family or friends. “When you communicate with a company via phone, email, or WhatsApp, they can use the information from these interactions with you for their own marketing purposes. This could also include advertising on Facebook,” she said in an explanation. The Facebook subsidiary still wants to verify data protection agency documents in Hamburg and address “misunderstandings” about the update, according to a WhatsApp spokesperson.
Urgent action: uncertain result
Ireland’s data protection authority at the headquarters of the European subsidiary is generally responsible for Facebook in the European Union. But there is a German branch in Hamburg. So Caspar can “under exceptional circumstances” – which he sees here – to file a lawsuit against Facebook in Ireland “in order to protect the rights and freedoms of German users.” If Casper succeeds, procedures will initially be limited to three months – it is not yet possible to determine which data protection officer is watching. The authority would like to be notified of the progress of the procedure in a timely manner. (With materials of dpa.)
