According to the ANPD, WhatsApp, the public agency responsible for ensuring the LGPD’s application, must submit a new document on its policy by August 31. Later, the company will meet with the four bodies to analyze these points and define the next steps.
whatsapp needs to be changed
Also according to ANPD, WhatsApp already understood that its policy, which was reformed in early 2021, was not transparent enough for the user. This understanding was communicated in the first round of negotiations with the bodies, based on the technical points of the document submitted by the ANPD.
Following a new technical note from the authority, WhatsApp indicated that it intends to round out the points. Specifically, the adjustment of the privacy notice for Brazil to reflect transparency practices, which the company must already be compatible with for users in the European Union – which also has the same data law as the LGPD.
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The terms regarding WhatsApp Business should also be updated. In addition, at the request of the ANPD, the company must prepare impact reports and other documents requested by the body, organize internal control mechanisms and other duties that the ANPD does not specify.
WhatsApp has also made progress in easing access to your data manager (DPO), a professional who is in charge of communicating with the company ANPD. The agency also stated that the exercise of rights by the holder was facilitated. Lastly, the app has committed to developing educational materials for data holders on the safe use of the app.
What was WhatsApp data policy?
The measure did not please users, as it was unclear what exactly would be shared. Experts from KR Advogados also point out that companies using WhatsApp Business will have access to this information and even banking transactions. In addition, the Facebook group also refers to the broad and general sharing of personal information among all companies, which has been happening since 2016.
Another problem is that interactions between people and companies using WhatsApp Business and who have hired third parties to manage their communications are not end-to-end encrypted, experts point out. This is because the intermediary, which could be Facebook itself, needs access to the conversation in order to “provide a service” to the company.
Concerns were about how and for what purposes Facebook would use this data. This is the reason why so many bodies and institutions do not agree with WhatsApp’s lack of transparency and pressed for change. Now hopefully the new document, scheduled for this month, will fill in these privacy gaps.
*With information from ANPD.