German data regulator has banned Facebook from processing the personal data of WhatsApp users in the country, saying the app’s controversial new privacy policy update is illegal. The Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) issued a three-month emergency ban on Tuesday, permitted under the General Data Protection Regulation. Controllers will now seek a binding decision covering the entire European Union from the European Data Protection Board (EDPB).
In a regulatory statement, he addressed concerns over WhatsApp’s privacy policy, which will be rolled out on May 15:
The provisions on data transfers are scattered across the different levels of the privacy policy, are not clear and are difficult to distinguish in the European and international versions. In addition, the contents are misleading and show significant contradictions. Even after close analysis, it is not clear what consequences the approval will have for users. In addition, permission is not granted free of charge, as WhatsApp requests the acceptance of new terms as a condition for continued use of the functions of the service.
The regulators declared the New Privacy Policy to be “illegal”.
Johannes Caspar, who heads the authority, said the order is aimed at protecting the rights and freedoms of around 60 million WhatsApp users in Germany. He also addressed fears about his data being used to influence voter decisions in the country’s September Federal elections:
The worldwide criticism of the new terms of service should give reason to fundamentally rethink the consent mechanism once again. Without user trust, no data-driven business model can be successful in the long run.
Reply from Facebook!
In response, Facebook said it was considering appealing the ban. A WhatsApp spokesperson said Germany’s final decision was “based on a fundamental misunderstanding regarding the purpose and impact of the WhatsApp update and therefore has no legitimate basis” .
