German watchdog says Facebook must stop using WhatsApp data
FACEBOOK, already under scrutiny in the US and the EU for revisions to privacy policies for its WhatsApp messaging service, was ordered by Hamburg’s privacy watchdog to stop processing data of German users of the chat service.
In a renewed clash with the social network operator, Johannes Caspar, one of Germany’s most outspoken dataprotection commissioners, ordered Facebook to delete any data it already has. There is no legal basis for Facebook to use information of WhatsApp customers, he said on Tuesday.
“This order protects the data of about 35-million WhatsApp users in Germany,” Caspar said. “It has to be their decision as to whether they want to connect their account with Facebook.”
Caspar and other German privacy watchdogs have been fighting with Facebook for years over how the technology giant applies European data-protection rules. Facebook has argued that only the regulator in Ireland, where it has its European base, has jurisdiction over any such decisions. Germany’s top administrative court earlier in 2016 sought the EU top court’s view on which law applies in these cases.
Facebook said it complied with EU data protection law and is “open to working with” the Hamburg authority in an effort to address its questions and “resolve any concerns”.
The social network said in August it would start using data from its messaging app to allow advertisers to better target those users on Facebook and Instagram, in addition to allowing businesses to send messages to WhatsApp users directly.
The move raised concerns with several European regulators. The policy shift may help WhatsApp generate revenue, but also could irk users drawn to its strong stance on privacy.
Caspar said in August the companies’ plans would have to be discussed by the group of 28 EU watchdogs, who have a scheduled meeting in Brussels this week.
The EU watchdogs said in August they follow such privacypolicy changes “with extreme vigilance” and that the key is for people to keep “control over his data when these are combined by the big internet players”.
The Irish regulator said on August 25, the day of the announcement, it “engages regularly with the technology multinational data controllers it regulates that are based in Ireland, including Facebook, and accordingly, monitors relevant developments on an ongoing basis”.
It added that WhatsApp remains a US-based company.
Caspar rejects arguments that WhatsApp has no European base, or Facebook’s claims that only Irish law applies in its case. His view has been backed by the EU courts in recent decisions.
Key for him is that the latest plans concern the data of German users and that “Facebook takes data from WhatsApp without any apparent legal basis”.
The US Federal Trade Commission is reviewing a complaint from two consumer-privacy groups filed in August claiming Facebook’s move violates US federal law banning unfair and deceptive practices.
It has to be their decision whether they want to connect their account with Facebook