Information Regulator blue ticks WhatsApp, wants more answers about new update

The IR’s Chairperson Pany Tlakula says the office has sent its concerns to Facebook South Africa – while the deadline of 15 May looms for users of Whatsapp in South Africa to accept the latest update.

“We are very concerned about these different standards that apply to us; our legislation is very similar to that of the EU. It was based on that model deliberately, as it provides a significantly better model for the protection of personal information than that in other jurisdictions. We do not understand why Facebook has adopted this differentiation between Europe and Africa.”

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Furthermore, the IR says it is the responsibility of its office to grant consent on the processing of cellphone numbers as accessed on the user’s contact list for a purpose other than the one for which the number was specifically intended at collection. 

“Accordingly, WhatsApp cannot without obtaining prior authorisation from the IR in terms of section 57 of Protection of Personal Information Act (POPIA), process any contact information of its users for a purpose other than the one for which the number was specifically intended at collection, with the aim of linking that information jointly with information processed by other Facebook companies,” adds Tlakula. 

WhatsApp in an email said the organisation is reviewing a letter from the IR.

“To be clear, this update does not expand our ability to share data with Facebook and does not impact the privacy of your messages with friends or family wherever they are in the world. WhatsApp does not share your contacts with Facebook and that policy applies to users everywhere, including in South Africa. We remain fully committed to delivering secure and private communications for everyone.” - WhatsApp Spokesperson