Regulator says South African WhatsApp users cannot be forced to accept new privacy policy

[Jamie McKane]

Regulator says South African WhatsApp users cannot be forced to accept new privacy policy

The Information Regulator (IR) of South Africa said it has concerns about Facebook’s new privacy policy which forces WhatsApp users to accept the policy by 15 May or face losing functionality.

Last month, WhatsApp said will go ahead with its planned privacy policy changes despite a global backlash.

 

[ECHLN]

Hmm. Curious to see where this ends up going. I’ve deleted the app two months ago already and using iMessage and very few times, Telegram now.

 

[Enzo Matrix]

Nobody is forcing anyone to do anything

 

[ISP cash cow]

Its not forcing the consent on them

Its a choice = use our product platform with our requirements (as per most apps you sign up for) or don't use the product.

Use another messaging app, this is an opportunity for one of the other messaging apps like telegram to cut into WhatsApp market share

 

[Fulcrum29]

Facebook can therefore not use WhatsApp users’ information and link it with information processed by other Facebook companies without approval from the IR.

So, wait, everyone who are sharing data with third-parties or changes communication policies requires the IR's approval?

And, as Rabodi said.

You also have to ask is WhatsApp a third-party to Facebook?

 

[The Door]

Dear information regulator. WhatsApp is not a South African business and South Africans are not being forced to accept anything, they can uninstall WhatsApp any time they like. What are you on about?
Please tell me you are not using our tax money for this.

 

[Death]

I don't see FB giving a crap about a 3rd world countries concerns. (although I'm sure we make up for a decent amount of their users) Telegram, Signal and the other apps are all smiling right now.
I liked having Whatsapp for personal and Telegram for business. I really don't want to run both aspects on 1 app.

 

[D tj]

This fine regulator fellow, may just as well go to the sea and tell it not to recede after high tide.

 

[adrianx]

I'm not a fan of Facebook, but I'm even less of a fan of any cANCer institutions.

 

[damian24]

So, wait, everyone who are sharing data with third-parties or changes communication policies requires the IR's approval?

And, as Rabodi said.

You also have to ask is WhatsApp a third-party to Facebook?

The key to the discussion is that Whatsapp is wanting to share data you have about someone else on your phone, you cannot consent to this in South African law. Or EU law for that matter.

D

 

[Fulcrum29]

The key to the discussion is that Whatsapp is wanting to share data you have about someone else on your phone, you cannot consent to this in South African law. Or EU law for that matter.

D

What is this exact data that they want to share about someone else on your phone?

The data they require to share is by large to legally enable Facebook Pay on WhatsApp, and to make Facebook Business interoperable with WhatsApp as they already did with Instagram.

 

[damian24]

What is this exact data that they want to share about someone else on your phone?

The data they require to share is by large to legally enable Facebook Pay on WhatsApp, and to make Facebook Business interoperable with WhatsApp as they already did with Instagram.

As I understand it Names and Phone numbers of contacts, this is at least part of what is being referred to in the article. This falls within personal information in the act and you cannot consent to sharing it obo someone else.

D

 

[system32]

“On the face of it, the new WhatsApp privacy policy requires involuntary consent because it says you should leave the platform if you do not give consent. That can never be voluntary consent.”

Recursive Logic Error on behalf of the regulator.
See https://en.wikipedia.org/wiki/Logic_error
Use of WhatsApp is completely voluntary by consumer and by vendor.

She also raised concerns that there is different treatment of users in Europe and those outside of Europe.
“We do not understand why Facebook has adopted this differentiation between Europe and Africa.”

Don't like the racist undertones of this statement.
EU regulators engaged with Facebook, ZA regulartor did not.

 

[newby_investor]

Recursive Logic Error on behalf of the regulator.
See https://en.wikipedia.org/wiki/Logic_error
Use of WhatsApp is completely voluntary by consumer and by vendor.

Agreed. I'm not a WhatsApp fan (or user anymore) but I think it's fair to say if it's their platform they can set the terms.

Don't like the racist undertones of this statement.
EU regulators engaged with Facebook, ZA regulartor did not.

EU has specific GDPR rules, and since Facebook Inc has business presence there, they have to comply. GDPR doesn't apply anywhere outside of the EU, so they have different T&Cs. So Africa is lumped in with US, Australia, Asia... you're right, the statement doesn't make much sense.

 

[Swa]

Its not forcing the consent on them

Its a choice = use our product platform with our requirements (as per most apps you sign up for) or don't use the product.

Use another messaging app, this is an opportunity for one of the other messaging apps like telegram to cut into WhatsApp market share

To be fair plenty of countries have laws prohibiting some policy terms. The issue here is does South Africa have enough clout to enforce this? Facebook doesn't really have enough of a business presence for that to happen yet the other day they charged me 15% vat on an old account so they do comply with South African laws.

 

[RedViking]

And what they gonna do? 'tsek!

 

[ConfusedR]

It is a choice.
Like installing Windows as your OS.
If you do not agree to the terms and agreements................do not use it then

Just as it is a choice to be corrupt.
All ANC cadres have chosen "Yes" on that agreement.