[HN Gopher] Germany bans Facebook from handling WhatsApp data ov...
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       Germany bans Facebook from handling WhatsApp data over privacy
       concerns
        
       Author : giuliomagnifico
       Score  : 242 points
       Date   : 2021-05-11 18:00 UTC (4 hours ago)
        
 (HTM) web link (www.euronews.com)
 (TXT) w3m dump (www.euronews.com)
        
       | the-dude wrote:
       | IIRC this was exactly the policy the EU required for allowing the
       | acquisition in the first place.
        
         | annadane wrote:
         | Right? And then they went ahead and did it anyway
        
       | FridayoLeary wrote:
       | Unless we have German police personally looking over shoulders
       | wherever WhatsApps data is handled, i don't see how this exchange
       | of information can be prevented.
        
         | fishmaster wrote:
         | I think it's more that they can be fined heavily should it ever
         | be found out.
        
       | eqvinox wrote:
       | The aspect I find most interesting and internationally relevant
       | is that as these local rulings proliferate, they kinda make it
       | visible to what degree companies finance their operations by
       | selling user data. The more the business model relies on this,
       | the more likely companies are to get hit with a ruling like this
       | -- and it's not just the ruling that's interesting, but also what
       | Facebook's reaction will be. If they stop offering or reduce
       | WhatsApp services in Germany (or India), that's a great indicator
       | that the service isn't profitable without the sale (or other
       | commercial exploitation, Facebook is an ad company after all) of
       | large amounts of user data.
        
         | vineyardmike wrote:
         | Reducing service can also be a strong-armed way to force
         | customers to advocate for them.
         | 
         | "Want to keep talking to grandma? Better tell your government
         | to leave us alone"
        
           | leipert wrote:
           | I am actually using this argument in the inverse: "hey
           | grandma, do you still wanna see baby pictures, please install
           | <other-messenger>"
        
           | DeliriumTrigger wrote:
           | That's exactly what they are doing right
           | now...https://www.welivesecurity.com/2021/05/11/whatsapp-
           | limit-fea...
        
         | lucian1900 wrote:
         | The same happened at a smaller scale when Chinese regulators
         | ruled loot boxes must disclose their loot tables. Even though
         | they aren't guaranteed to be identical in other countries, a
         | great deal was learned about how such games operate.
        
       | cuillevel3 wrote:
       | Whatsapp already had a separate privacy policy for the European
       | region (https://www.whatsapp.com/legal/updates/privacy-policy-
       | eea?la...)
       | 
       | Apparently that was too permissive. I guess they had to try?
        
         | zwaps wrote:
         | The privacy policy mildly states that they do not share
         | personal data with facebook for ads right now.
         | 
         | But it also says they might do so at any time, at the latest
         | when the EU okays it.
         | 
         | So yeah, at the very least it is too vague to be a proper
         | privacy policy allowing informed consent
        
       | thamer wrote:
       | This article is pretty vague. What does it even mean to ban
       | Facebook "from using data from WhatsApp users"?
       | 
       | Facebook "uses data from WhatsApp users" to support basic
       | features like authentication, is that banned now? What about
       | sending a WhatsApp message to a contact, doesn't that "use data
       | from WhatsApp users"? Facebook has to look up some internal user
       | ID (user data), then route the message to their devices, probably
       | by device ID (also user data). How do you do that if using data
       | banned?
       | 
       | I suspect there's more to it but this particular article isn't
       | telling the story in a particularly clear or helpful manner.
       | Hopefully the actual injunction is not as vague.
        
         | Barrin92 wrote:
         | From Spiegel:
         | 
         |  _" Am Dienstag gab Caspars Behorde bekannt, dass sie eine
         | Anordnung erlassen hat, die es Facebook - also der Mutterfirma
         | von WhatsApp - verbietet, personenbezogene Daten von WhatsApp
         | zu >>eigenen Zwecken<< zu verarbeiten.
         | 
         | Gemeint ist damit, dass Facebook jene Daten zum Beispiel nicht
         | fur sein Anzeigengeschaft nutzen darf. "_
         | 
         | Roughly translated as: Whatsapp is not allowed to share
         | personal user data with Facebook for Facebooks own use, for
         | example Facebook cannot collect data for the purpose of
         | advertisement (and my guess is any other form of monetization).
         | Facebook says further down in the article they currently don't
         | share data between the services for those purposes.
         | 
         | I also think you're confused about the scope. It's no problem
         | that WhatsApp uses its own userdata, the problem is WhatsApp
         | sharing data with Facebook, which is a distinct service.
         | 
         | https://www.spiegel.de/netzwelt/apps/whatsapp-hamburger-date...
        
           | thamer wrote:
           | Ah, that makes sense. Thanks for the details!
        
       | amaccuish wrote:
       | Fantastic news and really ideally the whole purchase should be
       | reversed (and obviously more ideally never allowed to happen in
       | the first place)
        
         | throwawaysea wrote:
         | To take this further, we also need to reverse other purchases
         | like Instagram, YouTube, Twitch, Zenimax, Doubleclick, PA Semi,
         | and so on. We also need a new vocabulary and new concepts. We
         | shouldn't rely on traditional notions of monopoly market share
         | or "consumer harm" to decide when an acquisition/merger/stake
         | should be allowed. We need a new definition to prevent gigantic
         | conglomerates with immense market power, and then we need to
         | enforce that law aggressively, in splitting up existing
         | companies and scrutinizing future deals.
        
           | arcticbull wrote:
           | Reasonably anticipated future consumer harm sounds like a
           | good model to me, IMO.
           | 
           | For instance, if we can reasonably assume an acquisition will
           | lead to the potential for future harm through accumulation of
           | power, influence, data, etc, that should be sufficient to
           | block it.
           | 
           | Mergers are in and of themselves simply recognizing an
           | efficiency of scale. It should be possible for a business to
           | achieve success without that shortcut, broadly speaking. Once
           | they're big enough already, that is.
           | 
           | This seems to tie in nicely to the recent narrative that
           | efficiency is the opposite of resiliency, and that maybe not
           | all efficiencies are good.
        
       | tchalla wrote:
       | Another Source -
       | https://www.bloomberg.com/news/articles/2021-05-11/facebook-...
       | 
       | > Johannes Caspar, who heads Hamburg's privacy authority, issued
       | a three-month emergency ban, prohibiting Facebook from continuing
       | with the data collection. He also asked a panel of European Union
       | data regulators to take action and issue a ruling across the
       | 27-nation bloc. The new WhatsApp terms enabling the data scoop
       | are invalid because they are intransparent, inconsistent and
       | overly broad, he said.
        
         | humanlion87 wrote:
         | > Facebook's WhatsApp unit called Caspar's claims "wrong" and
         | said the order won't stop the roll-out of the new terms.
         | 
         | I don't understand how Facebook says this order will not stop
         | the roll-out. Are they implying that the authority has no power
         | to implement/enforce the ban?
        
           | Jonanin wrote:
           | They incorrectly assumed (like much of the media) that this
           | update was about sharing data of personal messages with
           | Facebook, when it is in fact not.
        
             | zwaps wrote:
             | It is, but not yet in the EU.
             | 
             | It literally says : we will share everything with Facebook
             | as soon as the EU allows. Right now we do not. But we
             | might.
             | 
             | I mean it's written there.
        
               | tpush wrote:
               | Where does it literally say that?
        
               | zwaps wrote:
               | I quote from their website
               | 
               | ------
               | 
               | Today, WhatsApp does not share your personal information
               | with Facebook to improve your Facebook product
               | experiences or provide you more relevant Facebook ad
               | experiences on Facebook. This is a result of discussions
               | with the Irish Data Protection Commission and other Data
               | Protection Authorities in Europe. We're always working on
               | new ways to improve how you experience WhatsApp and the
               | other Facebook Company Products you use. Should we choose
               | to share such data with the Facebook Companies for this
               | purpose in the future, we will only do so when we reach
               | an understanding with the Irish Data Protection
               | Commission on a future mechanism to enable such use.
               | We'll keep you updated on new experiences we offer and
               | our information practices.
               | 
               | ------------
               | 
               | This is legalese for pretty much what I posted. In
               | particular, the keep you update here does not necessarily
               | mean you get to agree to a new privacy policy, as the
               | current policy does not include a commitment not to share
               | data (for ads etc) with facebook in the first place. This
               | statement is deviously placed outside the privacy policy!
               | 
               | Also further up they say that they associate the whatsapp
               | profile with any facebook profile in the
               | household/net/vicinity. To be clear, they do this now.
               | Not in the future.
        
               | zwaps wrote:
               | Oh just on case you are unsure what will happen with all
               | this, it's the following:
               | 
               | In the near future, they will start sharing all that
               | juicy data with facebook based on some made up precedent,
               | new technical justification, some claim to pseudonymity,
               | or discussion with some Irish politician or whatnot.
               | 
               | After being found out, they will then eventually
               | apologize, do better next time and pay the fine, which
               | pales in comparison to the profit gained from that data.
               | 
               | Just as they are now replying to an order from a data
               | protection official with: 'Lol nope'
        
       | mseri wrote:
       | CNBC provides [1] links to the original source of the news [2]
       | 
       | [1]: https://www.cnbc.com/2021/05/11/facebook-has-been-told-to-
       | st... [2]: https://datenschutz-
       | hamburg.de/pressemitteilungen/2021/05/20...
        
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       (page generated 2021-05-11 23:00 UTC)