The German data regulatory authority has banned Facebook from processing personal data from the app's users WhatsApp in the country, citing the controversial new update to the app's privacy policy as illegal.
The Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI from the Hamburg Commissioner for Data Protection and Freedom of Information) issued a three-month emergency ban on Tuesday, based on the General Data Protection Regulation. The German authority will pursue a binding EU-wide decision by the European Data Protection Council (EDPB).
In a statement, the regulator expressed its concerns about the privacy policy of the WhatsApp application, which is expected to be released on May 15:
"The provisions for transport data are scattered at different levels of the privacy policy, are unclear and difficult to distinguish in their European and international versions. Furthermore, the contents are misleading and show significant contradictions. Even after close analysis, it is not clear what consequences user approval will have. In addition, consent is not freely given, as WhatsApp requires acceptance of the new provisions as a condition for the continued use of the functions of the service. ”
So the regulator claims that the new terms of use are illegal.
Johannes Caspar, head of the authority, said the mandate was aimed at protecting the rights and freedoms of the nearly 60 million WhatsApp users in Germany. There were also fears that their data could be used to influence voters' decisions in the country's September federal election.
In response, Facebook said it was considering filing an objection to the ban. A WhatsApp spokesman said the order was based on a misunderstanding of the purpose and effect of the WhatsApp update and therefore had no legal basis. They also added that the order "will not affect the ongoing circulation of information".
