by Lufuno Khorommbi
Why are people receiving messages from WhatsApp informing them to agree to the updated privacy policy terms and conditions? What is happening? Facebook has made changes to the current WhatsApp privacy policy to introduce amongst others the integration of three platforms: WhatsApp, Messenger, and Instagram.
From a convenient point of view, the integration sounds like a great idea because a user can send one message across all three platforms. However, from a privacy and data protection perspective, it might not be ideal because Messenger and Instagram do not have an end-to-end encryption. Though WhatsApp has published a blog article to address some of the concerns, the blog did not address how will encryption work with the integration that the policy is introducing. What is happening is that the updated policy allows WhatsApp to share more personal data of its users with Facebook family of companies. Important to note is that WhatsApp has been sharing users’ personal information since 2016. The current update effectively wants to extend the categories of users’ personal information that WhatsApp can share with Facebook.
What data would WhatsApp share with Facebook?
The user’s personal data that will be shared includes amongst others:
User’s account registration and or account information such as the phone number, and may further includes a profile name, profile picture, and status message
User’s contacts from the address book.
Transaction data.
Service-related information.
Information on how a user interact with others (including businesses) when using WhatsApp Services, mobile device information.
User’s IP address, and may include other information identified in the Privacy Policy section entitled ‘Information We Collect’ or obtained upon notice to you or based on your consent.
Status message including when the user was online.
Diagnostic data collected from App logs.
Fundamentally, there is so much personal information that would be shared that encroaches on the users’ right to privacy.
What happens if a user does not agree to these updated policy terms and conditions?
WhatsApp users have been given an ultimatum to either accept the updated terms and conditions or stop using the App. There is no option to opt out. Therefore, not agreeing to the terms means that users will lose access to their chats and contacts.
If users agree to this terms and conditions, what are they agreeing to?
Users will be agreeing that their private data, including their phone numbers, and the information WhatsApp collects on the user will be shared with Facebook. Thus, users will be giving WhatsApp consent to share their data with Facebook.
When are users expected to have accepted the updated terms and conditions?
WhatsApp had initially given its users until the 08 February 2021 to accept the updated policy terms and conditions. However, on its blog article published on the 15th of January 2021, users have until the 15th of May 2021 to review and accept the updated terms and conditions.
Adv. Lufuno T Khorommbi (Ms) is a specialist Cyber Law Consultant and the Managing Director of Orizur Consulting Enterprise. Her expertise lies in cyber law, cyber security, IT Procurement, Contract Management, Research and Policy Management. She is a Mentee of the Cherie Blair Foundation Global Women’s Mentoring Programme; a Member of South Africa Institute of Intellectual Property Law; a MICT SETA 4IR Advisory Committee Member; LLM specialization in IT Law; Certified in CIO Practice; she holds a Certificate in Cyber Security and a Certificate in Legislative Drafting.
www.orizur.co.za
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