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Tuesday, 03 April 2018 09:59

WhatsApp and Facebook, sanctioned by the AEPD

Once again, WhatsApp and Facebook have aroused great controversy about their privacy policies. The security of its users has been compromised, due to the non-consensual cession and processing of personal data accumulated on both platforms. In response to pressure from various European organizations, the AEPD has taken the decision to sanction the technological megacompany.

THE FINES OF THE AEPD TO WHATSAPP AND FACEBOOK

In recent dates, the Spanish Agency for Data Protection (AEPD) decided to financially sanction WhatsApp and Facebook. This "financial condemnation" derives from the recognition of two serious infractions provided for in the Organic Law on Data Protection.

Facebook was directly accused of treating personal data of its users for their own purposes, without obtaining the valid valid consent. WhatsApp is designated as responsible, for illegally contributing part of that private information to Facebook.

We must remember that Facebook acquired the rights of the instant messaging company in a large economic operation.

According to the sanction imposed, each company must pay the amount of three hundred thousand euros, as a non-consensual treatment of sensitive information. This means the maximum fine foreseen for this type of infraction, and also the highest economic sanction already issued against the technological giants.

BUT ARE ECONOMIC SANCTIONS EFFECTIVE?

Many people wonder if economic sanctions are effective for companies of such a level and with impressive revenues. Generally, a fine is a direct conviction for the recognition of an irregularity.

The legal problem of WhatsApp and Facebook does not end when paying a certain amount. That is, the benefits that could be obtained are much greater than the amount to be paid for the sanction.

However, the resolution of the AEPD goes beyond setting a fine for technology companies. According to its opinion, WhatsApp must comply with the requirements of the General Data Protection Regulation (GDPR) from May. Otherwise, it would be forbidden to exchange information with your parent company.

In addition, it states that WhatsApp should have a "free, specific and voluntary consent" of each user, before transferring data to Facebook. Currently, this permission appears as a requirement to use the services of the platform.

The AEPD reminds that the WhatsApp user can refuse to give information for the "improvement of their Facebook experience". But is it possible to deny the transfer of data for "purposes provided in the privacy policy"?

TRANSPARENCY IN THE PRIVACY POLICY

It is also added in the resolution that the information on the privacy policy is offered in an "unclear and imprecise" manner, by both platforms. This makes understanding difficult and the purposes and limits of the transfer of data are not fully clarified.

In addition, WhatsApp and Facebook are criticized for deficiencies in their policy of exchange of sensitive information. According to the Agency, the lack of clarity in this mechanism of data transfer must be corrected.

Precisely for this reason, the resolution of the AEPD also includes the requirement of greater transparency in the privacy policy. The user must be able to fully inform himself, before making the decision to assign his data for own uses of both platforms.

AND WHAT DO WHATSAPP AND FACEBOOK SAY?

Wrapped in such controversy, WhatsApp and Facebook have quickly come out to support their privacy policies. According to official sources, the mega companies claim to be deeply concerned with the privacy of their users.

In addition, their representatives point out that the messages are encrypted for security, and therefore very little information can be used in a negative way. Therefore, they deny the accusations of the AEPD, in the sense that the personal data they possess are assigned and treated inadequately.

Writings SF Lawyers

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