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  • Matheus Puppe comments on TeleSíntese ANPD analysis of WhatsApp terms

Report published on the website TeleSíntese, from Portal Terra, dealt with the technical note from the National Data Protection Authority (ANPD), which analyzed the privacy policy of the WhatsApp messaging application. Dr. Matheus Puppe, partner in the TMT and data protection area at Maneira Advogados, was interviewed to comment on the matter.

ANPD COMPLETES ANALYSIS OF WHATSAPP TERMS


FROM THE EDITORIAL

(Image: Disclosure/TeleSíntese)

Authority says it will soon announce the changes that have occurred on the platform. Analysis was carried out in conjunction with Cade, Public Ministry and Senacon

The National Data Protection Authority (ANPD) issued the 3rd Technical Note, No. 49/2022/CGF/ANPD, which concludes the evaluation phase of the changes made to the privacy policy of the WhatsApp messaging application.

In a statement, the ANPD says that, together with Cade, the Public Ministry and Senacon, it analyzed the versions of the privacy policy of all WhatsApp application tools (WhatsApp Messenger, WhatsApp for Business and WhatsApp for Business – API) and assessed their suitability for the LGPD.

It also informs that “necessary changes were determined so that the policy becomes clearer and more transparent for the user”, but does not say what they were.

Promises to “soon disclose the more specific changes that have occurred on the platform, in order to facilitate users’ understanding of the measures implemented by WhatsApp based on the Authority’s recommendations.”

Since last year, WhatsApp has said that it will meet the recommendations from the ANPD.

OPINIONS

Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados, questions the ANPD's actions. “The quality and technical competence of the ANPD and the Technical Note issued is undeniable, but the intrusiveness of the measure in Meta’s business is questioned at this point,” he says.

He recalls that there is a broad connection between the companies in the group (WhatsApp, Facebook and Instagram), “but that they are in fact plausible”.

“In an era of transnational companies with decentralized and multilateral businesses, preventing and curbing the sharing of information and data internally would have a great impact on legitimate interests and economic development itself, bringing harm not only to the consumer, but to society in general”, argues Puppe.

For Marcelo Cárgano, lawyer in the Digital Law and Data Protection area at Abe Giovanini Advogados, he has another point of view. “This action by the ANPD in relation to the changes promoted by WhatsApp in its privacy policies can be seen as one of the first cases of how companies will have to act with increasing care and transparency in relation to the personal data of their customers in Brazil.”

Cárgano says that in addition to monitoring and applying sanctions, the ANPD has among its responsibilities the role of ensuring the protection of personal data in a broad sense, “which includes both encouraging the adoption of standards for services and products that facilitate people's control over their data and promoting knowledge of the rules and policies on the subject among the population.”

The lawyer says that to understand the importance of this joint action by ANPD, Cade, Public Ministry and Senacon, just remember that originally WhatsApp would block the account of any user who did not accept the new terms in 2021, before any analysis by the competent bodies.

“This analysis determined important measures, such as the preparation of the so-called impact report, which identifies risks arising from the integration of WhatsApp and WhatsApp Business services and provides measures to mitigate these risks. It also brought greater transparency to the use of data carried out by the application and the sharing of data with Meta (Facebook's parent company) and other companies that use WhatsApp Business”, he concludes. (With press office)

https://www.telesintese.com.br/anpd-conclui-analise-de-termos-do-whatsapp/

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