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Facebook Ordered To Stop Collecting German WhatsApp Data (bloomberg.com) 32

Facebook was ordered to stop collecting German users' data from its WhatsApp unit, after a regulator in the nation said the company's attempt to make users agree to the practice in its updated terms isn't legal. From a report: 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. "The order aims to secure the rights and freedoms of millions of users which are agreeing to the terms Germany-wide," Caspar said in a statement on Tuesday. "We need to prevent damage and disadvantages linked to such a black-box-procedure." The order strikes at the heart of Facebook's business model and advertising strategy. It echoes a similar and contested step by Germany's antitrust office attacking the network's habit of collecting data about what users do online and merging the information with their Facebook profiles. That trove of information allows ads to be tailored to individual users -- creating a cash cow for Facebook.
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Facebook Ordered To Stop Collecting German WhatsApp Data

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  • by chuckugly ( 2030942 ) on Tuesday May 11, 2021 @10:16AM (#61372884)

    Facebook: "I have altered the deal, pray I do not alter it further"
    Disney sends in the lawyer army: "Begun, the lawyer wars have"

    • So long as it ends with them all put up against the wall and shot * - who cares * twice if they are a lawyer politiican
  • One Year from Now (Score:5, Insightful)

    by bill_mcgonigle ( 4333 ) * on Tuesday May 11, 2021 @11:18AM (#61373096) Homepage Journal

    ... Facebook believed it had complied with the agency's order, but due to a system misconfiguration had actually continued to store the prohibited data ...

    • ...we'd like to apologise to anyone who feels we did something wrong. After all, your privacy is very important to us, because we make money violating it.

    • by Mitreya ( 579078 )

      Facebook believed it had complied with the agency's order, but due to a system misconfiguration had actually continued to store the prohibited data

      Fortunately, I don't think this crap will fly with GDPR.
      Unintentionally violating the order may (?) reduce the fines, but that's about it.
      Now we just need a similar law in US.

    • by khchung ( 462899 )

      ... Facebook believed it had complied with the agency's order, but due to a system misconfiguration had actually continued to store the prohibited data ...

      Then European countries would be laughing to the bank when FB got astronomical fines based on a percentage of their global annual revenue (not just profit).

  • by xpiotr ( 521809 ) on Tuesday May 11, 2021 @11:32AM (#61373136) Homepage
    I welcome this.
    Facebook WhatsApp new "Click OK to agree to The Terms", seems to be overly broad in their legal language.
    This seems to be a call for FB WhatsApp to explain exactly how they are going to use/share the data.
    In parallel this could lead to stronger laws.
    Germans are also worried about FB/WhatsApp influencing voters in the upcoming election... not without cause.
    • And note that there is no option to reject the terms. All you can do is close the pop-up, but it comes back the next day. They are clearly hoping you will eventually accept, just to get it to shut up. Personally,I fully expect that they collect data *anyway*, even if you don't accept. We all need to make an effort to move non-tech folks to Signal...
    • The GDPR explicitly prohibits the general terms option.

      Consent must be

      • Voluntary (so no "you agree if you use this site", and no "if you want to use this, you have to agree", and also no "opt-out")
      • Specific (you have to consent for each non-necessary use of data, so no "click yes to agree to everything")
      • Informed (So no hiding of privacy options in hard-to-find or hard-to-read pages)
  • Interesting Test (Score:4, Interesting)

    by ytene ( 4376651 ) on Tuesday May 11, 2021 @12:25PM (#61373306)
    This is going to be a very interesting test for the EU GDPR (General Data Protection Regulation). EU membership requires member companies to enact the legislation. In fact, even though the UK left the EU, it has enacted the UK Data Protection Act which meets all the provisions of the EU GDPR, which was a requirement for the UK to do business in the EU post-Brexit.

    So the reason that this will be interesting will be that a German legislator, Johannes Caspar, has made this determination that Facebook are in violation of the GDPR and are collecting data concerning German nationals illegally. But the legislation that Caspar cites is the GDPR.

    Which means, pretty much, that Capar is asserting that Facebook are de-facto breaking the law in all other EU nations, as well as the UK. But what happens if other EU nations examine the same evidence and make a different determination? Presumably they can, because although the GDPR is a pan-European piece of legislation, it will be tested and examined in national courts.

    But take this one stage further. Suppose "Country A" examines the evidence and determines that Facebook are guilty. Then "Country B" examines the same evidence and makes the opposite determination. Immediately, Facebook are going to take the "Country A" rulling to the CJEU (Court of Justice of the European Union) in an attempt to have it over-turned, citing the "Country B" result as case law [Country A can't argue that an out-of-nation ruling can't apply when it has enacted the same law]. Meanwhile, we can assume that "Country B" will attempt the inverse of this.

    At which point this lovely little mess is going to end up at the CJEU.

    My guess is that when that happens, they will slice very fine, looking for separation between the rulings on different points of law. Which might mean that some of the rulings against Facebook may be vacated, whilst others will not. And at that point, all nations in the EU will be able, should they wish, to move forward on that basis, limiting what Facebook can do with the data of their citizens. And a right merry little mound of litigation will follow, earning small and large fortunes for various law firms.
    • Most EU countries use civil law so even two courts in one single country can come to different conclusions in similar cases.

      • Most EU countries use civil law so even two courts in one single country can come to different conclusions in similar cases.

        That has nothing to do with civil law. The same is true everywhere. That's why appellate courts and, ultimately, courts of last resort exist. The U.S. Supreme Court, for example, mainly gets involved to resolve conflicting rulings from two or more of the appellate circuit courts.

        • Not everywhere. In the common law countries legal precedents decide. In the civil law countries legal precedents don't have the same importance, they are mainly used to copy&paste arguments from but they don't affect decisionmaking.

  • By contrast, America allowed M$ to claim with absolute impunity that unbundling IE/Edge/whateverthefuck from Windows was impossible and would unleash TEOTWAWKI. A few billion in EU fines later and all of a sudden, M$ started allowing users to opt out of its shitty browser. Result? Other browsers were able to compete at long last and M$'s browser market share fell from practically 100% to below 20% practically overnight.

UNIX was not designed to stop you from doing stupid things, because that would also stop you from doing clever things. -- Doug Gwyn

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