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Germany bans Facebook from using WhatsApp user data

Germany bans Facebook from using WhatsApp user data

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Germany's main data protection regulator prohibits Facebook from processing personal data of WhatsApp users because it considers the new terms of use of the instant messaging app to be illegal.

The decision follows an emergency process opened by regulators in Hamburg last month after WhatsApp asked its users to agree to new terms or stop using its services.

"This order seeks to secure the rights and freedoms of millions of users who give their consent to the terms of use throughout Germany," said data protection commissioner in Hamburg, Johannes Caspar as quoted by detikINET from Livemint.

"My goal is to prevent loss and damage associated with such black box procedures," he continued.

Caspar, who leads Facebook's domestic surveillance under Germany's federal system as its state office in Hamburg, announced his decision before the May 15 deadline to agree to WhatsApp's new terms.

WhatsApp, which is owned by Facebook, said the actions of Hamburg's data protection authority were based on a fundamental misunderstanding of the purpose and effects of its updates, and therefore had no legitimate basis.

"Because DPA Hamburg's claim is false, the order will not affect the continuation of the rollout of the update. We remain fully committed to providing secure and private communication for everyone," said a WhatsApp spokesperson.

The regulatory action has opened a new front in Germany over Facebook's privacy policy with a national antitrust regulator to launch a legal battle over data practices that are seen as an abuse of market domination.

Since 2018, online privacy has been subject to the European Union's rule book, which is called the General Data Protection Regulation (GDPR). Under the GDPR, Ireland is leading Facebook's surveillance because the company's European headquarters are there.

Caspar said he was using his powers to impose a three-month freeze on Facebook's WhatsApp user data collection under the extraordinary force foreseen in the GDPR.

He also said he would seek EU-wide decisions at the European Data Protection Council, a forum that groups regulators from the bloc's 27 member states.

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