Procon-SP notifies WhatsApp for new privacy policy

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This Thursday (14), Procon of São Paulo sent a notification to WhatsApp, asking for more detailed explanations regarding the update in the platform’s privacy policy, which requires data sharing with Facebook.

According to the state agency, the messenger’s owning social network has up to 72 hours to explain to authorities how the new terms of use of the messaging app fit into the General Data Protection Law (LGPD), in effect since last September, and the Consumer Protection Code.

In the notification, Procon-SP also asked the company to inform which legal basis is being used to justify the sharing of personal data, warning that there must be “a free manifestation of the user without coercion addiction”, in case of consent.

The institution also questioned Facebook regarding the different treatment of European users. In the Old Continent, where personal data sharing laws are stricter, the changes announced by the messenger, scheduled to take effect from February, are not valid.

Controversy

Since it was announced, the new privacy policy of WhatsApp has generated controversy, forcing the user to agree with the requirements – anyone who disagrees will be unable to use the messenger. This attitude also led to a demonstration by the Brazilian Institute for Consumer Protection (IDEC).

In a note posted on the messenger page, Facebook claimed that the changes will only affect communications made with companies on the platform, leaving out the exchange of messages and individual and group calls. These interactions will continue to be protected by end-to-end encryption.

Also according to the social network, the data that can be shared are phone number, IP address, cell phone make and model, profile picture and information about the type of connection, among others.

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