Tag: Facebook

French Data Protection Commission threatens WhatsApp with sanctions

21. December 2017

The French National Data Protection Commission (CNIL) has found violations of the French Data Protection Act in the course of an investigation conducted in order to verify compliance of WhatsApps data Transfer to Facebook with legal requirements.

In 2016, WhatsApp had announced to transfer data to Facebook for the purpose of targeted advertising, security and business intelligence (technology-driven process for analyzing data and presenting actionable information to help executives, managers and other corporate end users make informed business decisions).

Immediately after the announcement, the Working Party 29 (an independent European advisory body on data protection and privacy, set up under Article 29 of Directive 95/46/EC; hereinafter referred to as „WP29“) asked the company to stop the data transfer for targeted advertising as French law doesn’t provide an adequate legal basis.

„While the security purpose seems to be essential to the efficient functioning of the application, it is not the case for the “business intelligence” purpose which aims at improving performances and optimizing the use of the application through the analysis of its users’ behavior.“

In the wake of the request, WhatsApp had assured the CNIL that it does not process the data of French users for such purposes.

However, the CNIL currently not only came to the result that the users’ consent was not validly collected as it lacked two essential aspects of data protection law: specific function and free choice. But it also denies a legitimate interest when it comes to preserving fundamental rights of users based on the fact that the application cannot be used if the data subjects refuse to allow the processing.

WhatsApp has been asked to provide a sample of the French users’ data transferred to Facebook, but refused to do so because being located in die United States, „it considers that it is only subject to the legislation of this country.“

The inspecting CNIL thus has issued a formal notice to WhatsApp and again requested to comply with the requirements within one month and states:

„Should WhatsApp fail to comply with the formal notice within the specified timescale, the Chair may appoint an internal investigator, who may draw up a report proposing that the CNIL’s restricted committee responsible for examining breaches of the Data Protection Act issue a sanction against the company.“

 

Spain imposes fine against Facebook

13. September 2017

The Spanish Data Protection Authority imposes a fine of €1,2m against Facebook. The social media network collects Personal Data of the users without a permission for this.

The responsible Data Protection Authority considers that Facebook collects personal information like gender, religious attitudes, personal preferences and personal beliefs without informing the persons concerned about the concrete use of this data.

The Data Protection Authority criticizes the unclear wording of Facebooks privacy policy. Moreover Facebook uses the personal data for advertising purposes without a permission. This constitutes a breach against Spanish Data Protection law.

Furthermore Facebook recognizes as well third party pages the user is referred if he clicks on links and illegally tracks visitors who are not Facebook users.

Finally is criticized that Facebook does not remove data, if a user unsubscribe the network. The collected information is stored for month even if the user terminates its account.

Not only Spain started an investigation against Facebook and imposes a fine as well as Spain also Belgium, France, Germany and the Netherlands are investigating against Facebook due to breaches against the local Data Protection law.

European Commission: €110 million fine for Facebook

23. May 2017

According to an European Commission Press release from the 18 May 2017, Facebook was fined €110 million by the Commission for providing misleading information about the takeover of WhatsApp.

Facebook acquired WhatsApp in 2014. Back then Facebook informed the European Commission that it would not be able to establish reliable automated matching between the users of Facebook and WhatsApp. Two years later, in August 2016, Facebook announced an update to its terms of service and privacy policy. The update included the possibility to link phone numbers of WhatsApp users with their respective Facebook accounts.

According to the Press release and contrary to the statement given by Facebook during the merger process 2014, the Commission has found that the possibility of automated linking of Facebook and WhatsApp users already existed in 2014.

Commissioner Margrethe Vestager, who is in charge of the competition policy, said: “Today’s decision sends a clear signal to companies that they must comply with all aspects of EU merger rules, including the obligation to provide correct information.”

It is the first time that the European Commission has imposed a fine on a company for the provision of misleading information since the Merger Regulation came into force in 2004.

Facebook & Instagram improve privacy for user data

10. April 2017

The social networks Facebook and Instagram improve the privacy of their customer data. In the past, a research held by the Civil Liberties Association (ACLU) had revealed data usage by third parties in he Internet analysis company “Geofeedia”, in which the company publicly viewed customer data from Facebook, Instagram and Twitter regarding participation in protest actions, which were evaluated and sold to government agencies. Facebook and Instagram responded by improving the conditions with regard to data usage so that they should be more stringent now. Accordingly, software developers are now expressly forbidden to use data from the networks for monitoring purposes. By the end of 2016 Twitter had already issued appropriate regulations.

European Commission proposes new ePrivacy Regulation

10. February 2017

On January 10, the European Commission published a proposal for an ePrivacy Regulation. After the adoption of the General Data Protection Regulation (‘GDPR’), a new ePrivacy Regulation would be the next step in pursuing the European Commission’s Digital Single Market Strategy (‘DSM’).

If adopted, the ePrivacy Regulation will replace both the ePrivacy Directive (2002/58/EC) and the Cookie Directive (2009/136/EC). In contrast to a Directive that has to be implemented into national law by each EU Member State, a Regulation is directly applicable in all Member States. Thus a Regulation would support the harmonisation of the data protection framework.

What’s new?

Since 2009, when the ePrivacy Directive was revised last, important technological and economic developments took place. In order to adapt the legal framework to the reality of electronic communication, the scope of the proposed Regulation is widened to apply to the so called ‘over-the-top’ (‘OTT’) service providers. These OTT providers, such as WhatsApp, Skype or Facebook, run their services over the internet.

By ensuring the privacy of machine-to-machine communication, the Regulation also deals with the Internet of Things and thus seems not only to consider the current situation of electronic communication, but also to prepare for upcoming developments within the information technology sector.

Electronical communications data (metadata as well as content data) cannot be processed without complying with the requirements of the Regulation. Metadata can be processed, if necessary for mandatory quality of service requirements or for billing, calculating interconnection payments, detecting or stopping fraudulent, or abusive use of, or subscription to, electronic communication services.

Content data can be used for the sole purpose of the provision of a specific service to an end-user, if the end-user or end-users concerned have given their consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content or if all end-users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous, and the provider has consulted the supervisory authority.

Regarding the use of cookies, the end-users’ consent is still the basic requirement, except for first party non-privacy intrusive cookies. These cookies can now be used without the consent of the end-user. The proposed Regulation furthermore allows to use browser settings as consent.

In contrast to the draft of the Regulation leaked in December 2016, the official proposal does not contain the commitment to ‘Privacy by default’, which means that software has to be configured so that third parties cannot store information on or use information about a user’s device.

The Commission’s proposal of the Regulation just demands that software must offer the option to prevent third parties from storing information on or using information about a user’s device.

ePrivacy Regulation and GDPR

Both the ePrivacy Regulation and the GDPR are part of the above mentioned ‘DSM’. Several commonalities prove this fact. For instance, the fines in both Regulations will be the same. Furthermore, the EU Data Protection Authorities responsible for the enforcement of the GDPR will also be responsible for the ePrivacy Regulation.  This will contribute to the harmonisation of the data protection framework and increase trust in and the security of digital services.

What’s next?

After being considered and agreed by the European Parliament and the Council, the Regulation could be adopted by May 25th, 2018, when the GDPR will come into force. It is to see whether this schedule is practicable, considering how long the debate about the GDPR took.

Reuters: U.S. companies ask Trump to support encryption

17. November 2016

This week, Reuters reported that U.S. internet companies, such as Facebook and Amazon have sent a detailied letter including a list of their policiy priorities to President-elect Donald Trump. Among the topics of these policies are encryption, immigration reform and maintaining liability protections from user’s content.

The mentioned letter was sent by the so called Internet Association, which is a group of 40 members, also including Alphabet’s Google, Uber and Twitter. The letter tries to repair the relationship between the internet giants and Trump due to the fact that he was almost universally disliked during the presidential campaign.

The president of the Internet Association, Michael Beckermann signed the letter talking about “The internet industry looks forward to engaging in an open and productive dialogue”. Furthermore, Beckerman issued a statement  syaing that the internet industry looked forward to working closely with Trump and lawmakers in Congress in order to “cement the internet’s role as a driver of economic and social progress for future generations.”

The letter describes some of the policies which go along with Trump’s prior statements, for example easing the regulation on the sharing economy and applying pressure on Europe to not erect too many barriers that restrict U.S. internet companies from growing in that market.

However, other topics are likely to be opposed with Trump’s campaign as he offered numerous broadsides against the tech sector.

 

 

“We need to have a wide discussion about data in Germany”

10. November 2016

Reuters online reported that Telefonica Deutschland’s chief executive, Thorsten Dirks, said in an interview “People are right to scrutinize any attempt to make money off their data. At the same time they are a handing over data voluntarily to companies such as Google and Facebook”. He concludes that there is a double standard among consumers.

At the moment Telefonica Deutschland holds anonymized data of 44 million mobile customers. These information could be used to track the movements of crowds and traffic, as well as “many other areas that we at the moment cannot think of”, according to Dirks.

Dirks explained that Telefonica aims to be a platform for all devices connected to the internet and therefore processing all sorts of data gathered from sensors in cars, electronic devices and household apparel.

ICO announces that Facebook agrees to suspend disclosures of personal data from WhatsApp’s users

8. November 2016

After WhatsApp announced in August changes in its privacy policy, several EU DPAs announced monitoring activities in order to ensure the proper use of WhatsApp user’s data. One of these changes on the privacy policy, involved disclosure of personal data of WhatsApp users to Facebook in order to fight spam and improve both, WhatsApp and Facebook’s services.

The EU DPAs had requested WhatsApp not to carry out such disclosures until an adequate level of data protection could be ensured.

On Monday, ICO announced that Facebook agreed to suspend these disclosures. ICO already remarked that consumers were not adequately protected and in most cases a valid consent was not in place. Moreover, it has requested both companies to undertake in writing to inform users about the purposes for which their data will be used. Until now, none of the companies has signed such committment.

If enforcement action takes place, huge fines may be imposed. This is especially relevant upon the applicability of the GDPR from May 2018.

Other EU DPAs, such as Spain, will contact Facebook regarding WhatsApp’s privacy policy.

On the other side, Facebook stated that it only collects the data necessary to offer their services and only a part of this data is shared with Facebook. A Facebook spokeswoman confirmed that WhatsApp’s update complies with applicable law, including UK law and that they will continue the conversations with the ICO regarding the questions raised on the Privacy Policy.

The Article 29 Working Party put a bad light on Yahoo and WhatsApp

31. October 2016

The IAPP reported, that the Article 29 Working Party issued a warning concerning possible violations of European data protection regulations in form of a letter to both Yahoo and Whatsapp.

Both companies have been topic of public debate due to the way they handle the personal data of users. The concerns of the Article 29 Working Party regarding WhatsApp are that the company shares data with Facebook. Whereas, the objections towards Yahoo are raised due to both data breaches in 2014 and due to the allegation that the company scans incoming user emails for U.S. law enforcement agencies.

Therefore, the Article 29 Working Party requests that both companies provide more information on the problems. It can not be ruled out that investigations are launched and fines are imposed.

Spains DPA: Investigations due to WhatsApp sharing data with Facebook

10. October 2016

After Hamburg’s Data Protection Commissioner strongly recommended that Facebook should stop processing German data gained from WhatsApp, after the U.K. Information Commissioner, the ICO, also started to investigate the agreement betweent WhatsApp and Facebook and after Italy’s data protection authority, the Garante, has started to look into this issue, now Spain’s data protection authority, the AEPD, raises concerns.

Therefore, Spain’s data protection authority advises users to read the terms and conditions especially before accepting them. Furthermore, it offers guidance on changing the respective settings.

Pages: 1 2 Next
1 2