In Brazil, the new policy would have a practical effect from the last 15th if it weren’t for the postponement. During the 90 days added to the date, Facebook must respond to questions from authorities about the new rules.
In general, the new WhatsApp policy has been considered too lax about the handling of user data. Authorities try to identify whether, based on the new rules, the messaging service is not violating privacy rights, for example.
Held on Thursday (27), the debate at the CDC was attended by Michel de Souza, a lawyer at the Brazilian Consumer Defense Institute (Idec). He pointed out that the new policy was contested in several countries and that, in the European Union, it adopts more protective terms for the user.
Souza also commented that the new policy has no legal basis and that his consent is forced, as the user has difficulty even accessing the opt-out channel.
WhatsApp says rules are in line with the LGPD
WhatsApp’s director of public policies, Dario Durigan refuted Souza’s statement saying that there is, indeed, a legal basis for the service’s new policy and that it was informed to the National Data Protection Agency (ANPD).
Durigan also argued that the new policy has global application, but has a specific section for the Brazilian user in order to meet the requirements of the LGPD.
Also according to Dario, the change will not imply the display of ads on WhatsApp. In addition, the executive stated that the new rules determine that the user is informed when interacting with companies or organizations, and must give their consent to do so.
Regarding a question by Michel de Souza about WhatsApp sharing data with Facebook, Urigan was emphatic:
This update does not imply new data sharing between WhatsApp and Facebook. Everything remains, in terms of data processing, as before.
Dario Durigan, Director of Public Policy at WhatsApp
Russomanno wants equal treatment with the European Union
President of the CDC, deputy Celso Russomanno (Republicanos-SP) warned that, if there is no way out, legal mechanisms can be created “to prevent things from happening differently than what is practiced in the European Union”. The deputy even talked about creating a working group to discuss the matter.
Rebeca Garcia, manager of public policy at Facebook, denied that the Brazilian user has less protection on WhatsApp compared to the policy implemented in the European Union.
She also explained that the sharing of data between Facebook and WhatsApp expressed in the policy exists for the purpose of platform security and integrity, not for the sale of personal data.
People trust their data to Facebook so it can offer personalized services. And for the same reason, we want to emphasize that Facebook doesn’t sell people’s data.
Rebeca Garcia, Public Policy Manager at Facebook
ANPD evaluates WhatsApp policy
Waldemar Gonçalves Ortunho Júnior, CEO of ANPD, participated in the hearing. At the event, he guaranteed that the matter is not closed:
The case remains under review by ANPD, and we will work in a coordinated manner so that the new WhatsApp policy respects the LGPD’s precepts. We have opened an administrative procedure to evaluate the new application rules.
Waldemar Gonçalves Ortunho Júnior, director of ANPD
For now, nothing changes for the user. Within the additional period of 90 days, WhatsApp has committed to provide clarifications (as it did at CDC) and not to apply any restrictions on the application of the user who has not yet agreed to the new terms.
With information: Chamber of Deputies, Teletime.
Tecnocast 192 – WhatsApp is better than Pix?
Almost a year after its suspension, WhatsApp Payments finally started working in Brazil. The system is being released little by little, but we are already using it and I can say that it is easier to use than Pix.
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