Facebook must erase WhatsApp data from German privacy watchdog – update

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A German privacy watchdog, in this case the ‘Beauftragte für Datenschutz und Informationsfreiheit’ of the state of Hamburg, has ordered Facebook to delete the data of German WhatsApp users. The company is also no longer allowed to collect data from these users.

In a statement, privacy officer Johannes Caspar writes that Facebook and WhatsApp should be seen as two separate companies that process user data on the basis of their own conditions. According to Caspar, the fact that WhatsApp had promised not to share data when it was taken over by Facebook, is not only misleading users, but also a violation of German privacy law. An exchange of data should only be allowed with a valid legal basis, which would be missing in this case.

Facebook would not have obtained permission from WhatsApp users to receive the data. According to Caspar, Facebook has to comply with German regulations because it has a national office in Germany. This is located in Hamburg. The official further stated: “The decision against Facebook protects the 35 million WhatsApp users in Germany. It must be their own decision to connect their account with Facebook. In doing so, Facebook must ask for permission in advance. And that has not happened.”

Add to this the millions of users whose contact details are obtained from the address books of WhatsApp users. In its own words, Facebook has not yet requested this data, Caspar writes. This answer would be cause for more concern, because it risks increasing the violation by Facebook in the future.

It is not the first time that the new WhatsApp policy in Germany has come under fire. For example, a consumer organization recently announced that, if necessary, the court will demand that WhatsApp adjust its policy. At the end of August, WhatsApp announced that it would start sharing data with Facebook.

Update, 14:23: A Facebook spokesperson gave a brief response to the German site Golem: “Facebook acts in accordance with European privacy law. We will work with the Hamburg official to answer his questions and allay his concerns.” There is also new information about the action by the consumer organization. Facebook would have asked for a delay until October 14 to come up with an answer.

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