WHATSAPP AND ITS NEW POLICIES

By: Nadya Susana Leon Retana

nadya@romeropineda.com

February 2021

 

The most frequently asked questions that clients and friends have asked me in recent days prompt me to share some ideas to guide them in the decision they make regarding whether or not to keep the WhatsApp application as part of their cyber lives.

The first is: Should I delete the WhatsApp account or not and therefore the groups with which I share personal and business information?

According to Facebook's privacy policy[1], it and Instagram share infrastructure, systems and technology with other Facebook companies (including WhatsApp and Oculus); Therefore, those of us who are users of the messaging application have already shared (perhaps without having read the privacy policies) information about our activity with Facebook.

According to WhatsApp's notice, its new updates would collect more information about the following:

– “The WhatsApp service and how we process your data”.

– “How businesses can use Facebook hosted services to store and manage their WhatsApp chats”.

– “How we partner with Facebook to offer integrations in the products of Facebook companies”.

Facebook cannot read the content of messages or listen to phone calls, but it can technologically share our locations as users, in real time, since WhatsApp communications are encrypted. The WhatsApp platform, after extending the deadline for its last update, reaffirms that You cannot read private messages or listen to calls, nor can Facebook. because they are encrypted.[2]

It is believed that WhatsApp will have access to our photos and messages, violating privacy and the right to privacy. It seems that users are more concerned about no one reading their messages than about the personal information (data) that will actually be shared between social networks.

WhatsApp's privacy conditions indicate that they collect the following data: Mobile phone number along with certain basic information (including a profile name), contact book, information about states, payment and transaction data, if the payment services or services are used for purchases or other financial transactions, the payment method, shipping details and transaction amount, user activity, including how it is used, settings, how they interact with others, time, frequency, duration, hardware model, operating system, battery charge level, signal strength, application version, browser, mobile network, connection (including the number of telephone, mobile telephone operator or Internet service provider), language and time zone, IP address, location, among others; noting that the purpose of storing this data is to operate and provide the services, which include technical support, complete purchases or transactions, improve, correct and personalize the services, as well as connect them with the products from Facebook companies. All this information may be shared with Facebook and this with third parties.

Although the information to be shared seems irrelevant, it is very important for Facebook because it allows consumers to be profiled to offer us advertising according to our preferences.

The second question that is not long in coming is: So, what happens if I do not accept the new privacy policies? whose answer is simple – You will not be able to use the application or its services and as a user you will have to look for alternative messaging applications such as Line, Telegram or Signal, among others.

The third concern is a consequence of the previous answer: What happens if I accept the new privacy policies? Easy, as a user you can continue using the application, but you must be aware of the information you are sharing and the uses that the application gives to that information.

I find it very interesting that the recently announced change has sparked people's interest in learning more about what data applications are collecting and sharing. As users of technological platforms, we are more aware of our rights and the fact that the data that belongs to us is personal information (data) and therefore forms part of our privacy.

Due to this interest, users are downloading other applications and selecting the one that they consider does not violate or violates their privacy the least, providing them with more privacy.

Article 2 of the  Constitution of the Republic of El Salvador, guarantees the right to honor, personal and family privacy and one's own image, and in that sense other laws have been issued in our country to safeguard them. Thus, in Article 6 literal (a) of the Access to Public Information Law, are defined as personal information to private information concerning an identified or identifiable person, relative to their nationality, domicile, assets, electronic address, telephone number or other similar information; and literal (b) defines that the sensitive personal data are the that correspond to a person in relation to creed, religion, ethnic origin, political affiliation or ideologies, union membership, sexual preferences, physical and mental health, moral and family situation and other intimate information of a similar nature or that could affect the right to honour, personal and family intimacy and one's own image.

Furthermore, in accordance with Article 31 of the same law, Every person, directly or through their representative, will have the right to know if their personal data is being processed; to obtain an intelligible reproduction of it without delay; to obtain the corresponding rectifications or deletions when the records are unjustified or inaccurate and to know the recipients when this information is transmitted, allowing you to know the reasons that motivated your request, in the terms of the same law.

Likewise, the jurisprudence of the Constitutional Chamber of the Supreme Court of Justice defines the sensitive data As the type of information that refers to the racial or ethnic belonging of an individual, their political preferences, their individual state of health, their religious, philosophical or moral convictions; their privacy or sexual orientation and, in general, data or information that promotes prejudice and discrimination, or affects the dignity, privacy, domestic intimacy and private image of individuals or families.. [3]

That is to say, based on our legislation, the information that we are delivering to WhatsApp belongs to each person and it is up to each person to consent or not to have it collected and shared. Data is personal information that can only be shared with the user's consent and that user must be informed about changes in its use.

The best application will be the one that best responds to protecting our privacy, but also the one that best adapts to our needs. Users must be aware of the data we share and how we use it, that although we are not going to be spied on (as many believe), there is information that will be collected; Therefore, it is advisable to spend a few minutes reading the terms and conditions of use as well as the privacy policy and the security measures to protect personal data in each of the applications, as well as knowing what data is stored to take the best decision, in an informed manner.

 

 

[1] https://es-es.facebook.com/privacy/explanation.

[2] https://www.whatsapp.com/legal/updates/privacy-policy/?lang=es

[3] N° 58-2007 / Date: 03/08/2013 / CONSTITUTIONAL CHAMBER / UNCONSTITUTIONALITIES / Final Sentences / Official Gazette no. 57, Volume 398 dated 03/22/2013