a has confirmed order by Johannes Caspar Hamburg Commissioner for data protection and freedom of information, may of WhatsApp users and data store. According to the Court, the social network does not have the “valid consent required” WhatsApp users. Facebook’s motion to dismiss the Attorney’s Office rejected it.
according to a the Hamburg data protection agency press release sees the Court”no legal basis for the proposed exchange of data”. Facebook cannot rely on the respect for its own business purposes, nor on the need for an exchange of data for the purpose of network security. Advertising optimization led by Facebook allows the Court therefore not as justification.
because the Administrative Court only on the admissibility of Caspar’s Attorney’s Office to decide who’s the question left open, if at all German law can be applied in the case. It stressed, however, that even if only Irish law applies to the responsible for Germany Facebook Office in Ireland, yet EU data protection law must be followed. This in turn requires a legitimate consent procedures.
but also the Commissioner of the land Hamburg conceded a setback. Immediate deletion requested by him already by whatsapp to data sent Facebook turned down the Court.
“after this decision there will not be a mass matching of the data of domestic users and users between WhatsApp and Facebook also continue to. This is good news for the many millions of people who use the Messenger service by WhatsApp in Germany every day,”commented on Caspar’s. “It is into account also the criticism of many of my colleagues from the other Member States on the planned Exchange of data. A mass of matching data against the will of persons concerned is and there may not be in the EU.”
Facebook daughter WhatsApp had changed in the last year their terms and conditions. Who did not accept the changes, can no longer use the service. It says: “you make us regularly the phone numbers of WhatsApp users and your other contacts in your mobile phone address book available. You confirm that you are authorized to provide us with such numbers, (…) “.” it was wrong when transferring WhatsApp
the EU took the change even as an opportunity to accuse Facebook. 2014 have’s claims that a reliable automatic matching between user accounts from Facebook and WhatsApp is not possible. Indeed, the social network at the time but have has the technical possibility of automatic leveling of Facebook and WhatsApp users profiles. Facebook made therefore probably intentionally or negligently false or misleading information, and comply with its obligations under the EU merger regulation. The case against Facebook is still running.
[withmaterialbyDavidMeyer ZDNet.com ]
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