France Threatens to Fine WhatsApp Over Facebook Data Sharing

The French information protection authority CNIL is giving Facebook-owned WhatsApp one month to start complying with French privacy law when sharing user information with its parent company.

If WhatsApp does not bring its data sharing with Facebook into compliance with France's Data Protection Act, information technology could face fines, CNIL warned in a formal notice Mon.

The ultimatum comes subsequently WhatsApp in August 2022 started sharing certain user data, like phone numbers and analytics data, with Facebook. The move, according to WhatApp, is intended to fight spam and abuse and ameliorate the user experience. Past connecting phone numbers, Facebook can offering meliorate friend suggestions and show more relevant ads, WhatsApp said at the time.

That prompted concern from European Matrimony regulators, who in October 2022 opened an antitrust investigation into the practice. At present, French republic's CNIL, whose mission is to "protect personal data, back up innovation, preserve private liberties," says WhatsApp has not properly obtained users' consent to share their data with Facebook, a violation the Data Protection Human activity.

The privacy watchdog doesn't have a problem with the transfer of user information for security purposes, noting that this "seems to be essential to the efficient functioning of the application," only said that'south not the case for the business organisation intelligence purpose.

"When installing [WhatsApp], users must accept that their data are processed for the messaging service, but also, in general, past Facebook for accessory purposes such every bit the comeback of its service," the note reads. "The only style to refuse the data transfer for 'business organisation intelligence' purpose is to uninstall the awarding."

CNIL said it has "repeatedly" asked WhatsApp to provide a sample of French users' data transferred to Facebook, and the company has non still handed over the data.

"The company explained that it could non supply the sample … since, as it is located in the U.s., it considers that it is only subject field to the legislation of this country," CNIL wrote, adding that WhatsApp's failure to cooperate is another violation of the Data Protection Act. So, CNIL is now giving WhatsApp 1 month to comply with the Act, or face fines.

"Should WhatsApp fail to comply with the formal notice inside the specified timescale, the Chair [of the CNIL] may appoint an internal investigator, who may draw up a study proposing that the CNIL… issue a sanction confronting the company."

WhatsApp said it plans to work with CNIL on a solution. "Privacy is incredibly important to WhatsApp," a spokesperson told PCMag. "Information technology'due south why nosotros collect very little information, and encrypt every message. Nosotros will continue to work with the CNIL and are committed to resolving the dissimilar, and at times conflicting concerns, we've heard from European Information Protection Authorities with a common European union approach earlier the Full general Information Protection Regulation comes into force in May 2022."

Earlier this year, CNIL fined Facebook 150,000 euros ($164,000) for assuasive advertisers to improperly access data about its users.

About Angela Moscaritolo

Angela Moscaritolo

Angela Moscaritolo is PCMag's adept on fettle and smart domicile products. Education yoga for nigh 10 years has helped her in evaluating a range of connected health products including fettle trackers, heart rate monitors, rowers, smart scales, stationary bikes, forcefulness training machines, treadmills, and more. Angela also tests smart domicile devices from her ranch in Florida, including air purifiers, kitchen appliances, and robot vacuums, simply to name a few.