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WhatsApp told to stop sharing user data with Facebook by French authorities

reuters.com

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Re: WhatsApp told to stop sharing user data with Facebook by French authorities

#21

Post by laurentoget »

mikeokner wrote: post #9

I wonder what the legal argument is behind this ruling. If one newspaper acquired another, couldn't the parent then market to the subsidiary's subscribers even if they continued to operate separately? The parent now owns everything anyway.

Not if this data is data about persons according to french law. You need consent from those persons to use the data for any purpose beyond the original purpose you mentioned when you collected the data.

sadly this is only in the french wikipedia

https://fr.wikipedia.org/wiki/Loi_informatique_et_libert%C3%...

Re: WhatsApp told to stop sharing user data with Facebook by French authorities

#22

Post by soziawa »

mikeokner wrote: post #15
teekert wrote: post #12

Earlier quoted context omitted.

The argument is that WA always told us that they wouldn't share our data. This was a reason people signed up, you can't just "Oops we did it anyway" on so many people. At least not on People who have a government with their best interest in mind.

Is there legal precedent for "sharing" when the only entity you're providing the data to is your owner? Presumably if I bought WhatsApp, I would legally be allowed to query some database for someone's phone number if I so chose because I now own the database.

You could but you'd have to tell the users in the terms of service. If you tell them that you won't query the database and then go on and decide to do so anyways you'd get sued. With WhatsApp having a quasi monopoly on messaging it's difficult for the to change the terms of service without giving their opponents the argument that the change was forced.

Re: WhatsApp told to stop sharing user data with Facebook by French authorities

#23

Post by germanier »

marksomnian wrote: post #14
kuschku wrote: post #3

» The CNIL said it had repeatedly asked WhatsApp to provide a sample of French users’ data transferred to Facebook but the company had explained it could not do so as it is located in the United States and “it considers that it is only subject to the legislation of this country.” « That's a very interesting quote from Facebook, and explains why the GDPR has a special section explaining that it also applies to foreign…

> the GDPR has a special section explaining that it also applies to foreign companies that process data of EU citizen Is such a clause enforceable and/or valid? How could the EU punish a non-EU business for violating this? I guess they could block/get an injunction against them within the EU, but that seems like the sort of thing that would get challenged legally.

There is nothing that would stop this legally (what authority should hinder them?). Things that can be enforced are only limited by practicality.

Any non-EU business worth enforcing such a law against will very likely do business inside the EU (e.g. selling ads to local companies). Any money transferred can then be froozen to enforce this law.

Facebook in particular does business as an Irish company for its EU users, so no problem at all here.

Re: WhatsApp told to stop sharing user data with Facebook by French authorities

#24

Post by titanix2 »

kuschku wrote: post #3

» The CNIL said it had repeatedly asked WhatsApp to provide a sample of French users’ data transferred to Facebook but the company had explained it could not do so as it is located in the United States and “it considers that it is only subject to the legislation of this country.” « That's a very interesting quote from Facebook, and explains why the GDPR has a special section explaining that it also applies to foreign…

Don’t understand the downvote you’re facing. Whatsapp is operating in France so it must comply with the ruling here. Moreover the fact that they hide from the CNIL the data they are sharing probably mean they do not comply to the regulations (which are here to protect people). Too bad the sanctions are not dissuasive enough to force compliance. Politicians are allowing this situation from too long (same with taxes avoidance schemes).

Re: WhatsApp told to stop sharing user data with Facebook by French authorities

#25

Post by hartator »

kuschku wrote: post #3

» The CNIL said it had repeatedly asked WhatsApp to provide a sample of French users’ data transferred to Facebook but the company had explained it could not do so as it is located in the United States and “it considers that it is only subject to the legislation of this country.” « That's a very interesting quote from Facebook, and explains why the GDPR has a special section explaining that it also applies to foreign…

I am glad as an US company we don't have to comply to the dumb EU cookie laws. Yeah, we know every websites in the world uses cookies. Don't need a modal everywhere.

Re: WhatsApp told to stop sharing user data with Facebook by French authorities

#26

Post by Brakenshire »

teekert wrote: post #13
soziawa wrote: post #7

Earlier quoted context omitted.

Well with WhatsApp being so popular in Europe it is almost impossible to uninstall it.

I'm taking baby steps towards Signal. I think 10% now of my regular "apping" is on Signal. There is still some on Telegram as well.

I've been wondering about alternatives, do you find Signal to work well? Can non-technical people install and use it without problems?

Re: WhatsApp told to stop sharing user data with Facebook by French authorities

#28

Post by masklinn »

mikeokner wrote: post #9

I wonder what the legal argument is behind this ruling. If one newspaper acquired another, couldn't the parent then market to the subsidiary's subscribers even if they continued to operate separately? The parent now owns everything anyway.

> If one newspaper acquired another, couldn't the parent then market to the subsidiary's subscribers even if they continued to operate separately? The parent now owns everything anyway.

Not in France, personal data is collected with a specified purpose (and bullshit/overly broad "purpose" can get you sued), using said data for other purposes is illegal.

You (as a company) never own personal data per-se, you are lent that data by the subject, if you will.

Re: WhatsApp told to stop sharing user data with Facebook by French authorities

#29

Post by laurentoget »

laurentoget wrote: post #21
mikeokner wrote: post #9

I wonder what the legal argument is behind this ruling. If one newspaper acquired another, couldn't the parent then market to the subsidiary's subscribers even if they continued to operate separately? The parent now owns everything anyway.

Not if this data is data about persons according to french law. You need consent from those persons to use the data for any purpose beyond the original purpose you mentioned when you collected the data. sadly this is only in the french wikipedia https://fr.wikipedia.org/wiki/Loi_informatique_et_libert%C3%...

There is a european directive which addresses the same problems, though i do believe the french law is more explicit, and the french government has been enforcing it.

Re: WhatsApp told to stop sharing user data with Facebook by French authorities

#30

Post by hartator »

germanier wrote: post #23
marksomnian wrote: post #14

Earlier quoted context omitted.

> the GDPR has a special section explaining that it also applies to foreign companies that process data of EU citizen Is such a clause enforceable and/or valid? How could the EU punish a non-EU business for violating this? I guess they could block/get an injunction against them within the EU, but that seems like the sort of thing that would get challenged legally.

There is nothing that would stop this legally (what authority should hinder them?). Things that can be enforced are only limited by practicality. Any non-EU business worth enforcing such a law against will very likely do business inside the EU (e.g. selling ads to local companies). Any money transferred can then be froozen to enforce this law. Facebook in particular does business as an Irish company for its EU users,…

So, if you sell products or services in China, you have to comply to all China regulations, not just exports? That doesn't make any sense.
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