Hamburg’s privacy regulator has banned Facebook from using WhatsApp data from German users for its own purposes. As per the regulator, Facebook is claiming this right through WhatsApp’s new terms of use.
He. She Hamburg Commissioner banned data protection and freedom of information HmbBfDI is effective immediately and applies throughout Germany. The legal auditor’s decision is relevant Terms of use of modified WhatsApp. This will take effect on May 15th, and users who do not approve of the platform will eventually be banned.
WhatsApp and Facebook have always said that in the area of data sharing, nothing will change for European users, due to European regulations. WhatsApp will store and use transaction data from non-EU users for payment services. The data of non-European users who contact companies via WhatsApp is also shared with Facebook.
According to HmbBfDI, the revised terms also state, among other things, that Facebook can use WhatsApp data to contact other Facebook services and that the company is interested in youth data. Additionally, a previous report stated that WhatsApp messages are not shared with Facebook and are visually removed by others.
‘Phrases are misleading and contain contradictions’
Although the Commissioner admits that Facebook says the data will not be used for the purposes described, it also believes that the terms of data use are not transparent. HmbBfDI believes that step-by-step data sharing can still be implemented under the new conditions with certain consent. Additionally, he says it’s unclear which terms apply to Europeans and which apply to other users. Additionally, the terms can contradict and mislead each other. Ultimately, it will not be clear what consequences this will entail if users give consent.
Aside from the objective conditions, the delegate is also dissatisfied with how users are given their consent. Granting permission is a condition of being able to use WhatsApp, which, according to the Commissioner, is not a free permission, and is mandatory under the General Data Protection Regulation (GDPR).
According to the commissioner, Facebook’s actions do not comply with the GDPR, both in terms of data sharing that is currently performed in accordance with terms of use, and in terms of data sharing in the future. It is for this reason that the Commissioner is introducing the prohibition “to prevent harm and harm.”
The ban due to Emergency procedure Which was launched by the Privacy Watch in April. According to the rules for such an urgent measure, the ban may be in effect for a maximum of three months. This is why the watchdog is also turning to the European Data Protection Board (EDPB) to make it a permanent European decision.
In a comment To EuroNews, among other things WhatsApp states that HmbBfDI’s claims are untrue. So WhatsApp will not stop with the new terms of use. WhatsApp says the regulator’s decision will be based on “a fundamental misunderstanding.”
