WhatsApp’s new privacy policy comes into effect tomorrow, May 15th, but South Africa looks prepared to kill it before it takes roots. In light of that, the country’s Information Regulator has announced that it was pursuing legal advice to have WhatsApp update its privacy policy in the country to comply with European Union requirements (EU).
“On the 15th of May 2021, WhatsApp will require users to accept new terms and conditions for using the App. The Information Regulator (Regulator) has after correspondence, written to WhatsApp LLC and requested it to revise the privacy policy in South Africa to the standard used in the European Union (EU). The Regulator has received no agreement from WhatsApp. Under the circumstances the Regulator is briefing attorneys to prepare an opinion on the way forward in terms of litigation,” a statement from the regulator reads in part.
Users of the Facebook-owned messaging app were notified earlier this year that they would either have to agree to new privacy conditions, which go into effect on Saturday, or avoid using the service.
The update, which allows WhatsApp to obtain personal information from users, has sparked outrage around the world.
South Africa Wants WhatsApp To Respect Data Protection Laws Across Africa
According to the Regulator, it had engaged the Global Privacy Assembly (GPA), of which it is a member, in order to obtain the view or position of the GPA on the compliance of the Revised Policy with generally acceptable data protection principles and whether it intends to engage WhatsApp on this matter.
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The Reseau Africain Des Autorite De Protection Des Donness Personelles (RAPDP) an African Network of Data Protection Authorities, which South Africa is also a member to, has also engaged robustly with Facebook on 9 April 2021 on the matter, according to the regulator.
The Regulator further said the Network made strong recommendations to WhatsApp requesting them to bring the WhatsApp privacy policy in line with Africa data protection laws.
“RAPDP emphasised that the privacy policy should be applicable to Africa in line with those applicable to other regions, particularly the European region.”
Without getting any favourable response from the concerned authorities, the Regulator therefore said it had asked the Portfolio Committee on Justice and Correctional Services to request Facebook South Africa (SA) and WhatsApp LLC to appear in Parliament in respect of the matter.
“We are obligated as the Regulator to ensure the protection of personal information of all South African citizens and monitor compliance of the POPIA by responsible parties. We therefore will take this matter further and seek legal opinions and advocate for collaborated efforts,” Chairperson of the Regulator, Advocate Pansy Tlakula said.
A WhatsApp spokesperson said in March that the update would not increase the company’s ability to exchange data with Facebook or affect the privacy of users’ communications with friends and family.
What Happens From Tomorrow?
It appears WhatsApp is poised to go ahead with the implementation of the new data policy, including in South Africa, and the rest of Africa.
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Sources claim the latest update is intended to “offer integrations around the Facebook Company Products”, which also includes Instagram and Messenger.
Data collected includes “battery level, signal strength, app version, browser information, mobile network, link information (including phone number, mobile operator or ISP), language and time zone, IP address, system operations information, and identifiers (including identifiers specific to Facebook Company Products associated with the same device or account).”
On social media, some WhatsApp users slammed the latest privacy policy, with many threatening to switch to a competing messaging app like Telegram.
WhatsApp, on the other hand, is by far the most popular messaging app in the world, with about 2.5 billion users worldwide.
However, after being purchased by Facebook for $19 billion in 2014, it has been criticized for how it manages user data.
Jan Koum, a co-founder of WhatsApp, stepped down as the company’s CEO in 2018 after a confirmed irreconcilable disagreement over Facebook’s decision to monetize personal data in the app.
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An older version of WhatsApp’s privacy policy stated: “Respect for your privacy is coded into our DNA. We’ve aspired to develop our Services with a set of solid privacy standards in mind since the beginning of WhatsApp.” This line has been removed from the most recent edition.
Because of the new rules, merely deleting the app from a smartphone would not prohibit WhatsApp from storing a user’s personal information. Users must now use the in-app function to delete their account to ensure WhatsApp does not fail to do so.
“When you delete your account, it does not affect your information related to the groups you built or the information other users have relating to you, such as their copy of the messages you sent them,” the policy states.
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Charles Rapulu Udoh
Charles Rapulu Udoh is a Lagos-based lawyer who has advised startups across Africa on issues such as startup funding (Venture Capital, Debt financing, private equity, angel investing etc), taxation, strategies, etc. He also has special focus on the protection of business or brands’ intellectual property rights ( such as trademark, patent or design) across Africa and other foreign jurisdictions.
He is well versed on issues of ESG (sustainability), media and entertainment law, corporate finance and governance.
He is also an award-winning writer