Whatsapp wanted to send its users' personal data to Facebook, but was urgently stopped

2021.05.15 The Hamburg Commissioner for Data Protection and Freedom of Information took emergency measures under the GDPR to prohibit Facebook from accessing the personal data of Whatsapp users. This command takes effect immediately.

On May 15 this year, Whatsapp published new terms of use and privacy policy, requiring users to agree that Whatsapp can share personal data with Facebook. And in the new version of the terms, the personal data that Whatsapp may share in an appropriate manner includes location information, chat history and integrated services for other purposes, as well as cross-company account confirmation.

The Hamburg Personal Information Authority stated that Facebook has no legal basis for processing personal data for its own purposes. This clause is not clear and difficult to distinguish, and the consequences of agreeing to the clause are not clearly defined (for example, what will be the result of the use of the data after the consent is used, and what changes will it bring to the user). And this new provision cannot be refused, if you refuse, you will not be able to use Whatsapp.

Facebook also cannot claim that there is a more important legal basis that overrides the rights and freedoms of personal data owners to accept and process personal data from Whatsapp, and the processing of personal data is not Facebook fulfilling their contract with users. required.

Obtaining the consent of the personal data owner does not mean that the personal data can be collected legally.

According to GDPR and Guidelines on consent under Regulation

Valid consent must be based on the conditions set out in the complete GDPR (free, specific, fully informed and actively express), if it is not in the conditions stipulated in the GDPR, such as the events described in this article, the user cannot refuse consent. Considering that consent is not considered valid, the company's processing or transfer of personal data is likely to be considered illegal.

If the violation of personal data is serious, the competent authority for personal information may take urgent measures to request the immediate cessation of collection and processing.

As for how this matter will develop, we must continue to track how Whatsapp, Facebook and government personal information authorities fight this legal battle.