Tyska myndigheter stoppar Facebook

Tyska myndigheter stoppar Facebooks datainsamlande via WhatsApp och att all information som samlats in hitills ska förstöras, omedelbart.

Facebooks insamlande av data via WhatsApp anses olagligt i Tyskland då det handlar om två skilda företag.

Facebook and WhatsApp are independent companies that process their user’s data on the basis of their own Terms and Conditions and Data Privacy Policies. After the acquisition of WhatsApp by Facebook two years ago, both parties have publicly assured that data will not be shared between them. The fact that this is now happening is not only a misleading of their users and the public, but also constitutes an infringement of national data protection law. Such an exchange is only admissible if both companies, the one that provides the data (WhatsApp) as well as the receiving company (Facebook) have established a legal basis for doing so. Facebook, however, neither has obtained an effective approval from the WhatsApp users, nor does a legal basis for the data reception exist. It is clear that Facebook must respect German data protection law after the ECJ confirmed in its ruling from July, that national data protection laws are applicable if a company processes data in connection with a national subsidiary. Facebook is doing this through its subsidiary in Hamburg, whoch is responsible for the operation of the marketing business in German- speaking regions.

Skriver The Hamburg Commissioner for Data Protection and Freedom of Information i ett pressmeddelande.