Privacy Watchdog Seeks Answers From WhatsApp

The Privacy Commissioner is calling on WhatsApp to provide more clarity regarding issues surrounding recent changes to its privacy policy, saying its responses so far have left many questions unanswered.

By February 8, users of the messaging app across the world will need to agree to new terms that allow WhatsApp to share a host of personal data with its parent company, Facebook. Refusing to agree will lead to users being kicked off the platform.

The changes have prompted calls among WhatsApp users in Hong Kong for people to switch to other messaging services, such as Signal and Telegram.

In a new FAQ page uploaded to its website, WhatsApp says neither it nor Facebook can see users’ private messages, hear their calls, or see their shared locations. It also says the app does not keep a log of who its users are calling or messaging, and it does not share users’ contacts with Facebook.

WhatsApp says the latest changes are to make it easier for people to message businesses. It says it is giving companies the option of using secure hosting services from Facebook to manage WhatsApp chats with their customers, answer questions, and send helpful information like purchase receipts.

“But whether you communicate with a business by phone, email, or WhatsApp, it can see what you’re saying and may use that information for its own marketing purposes, which may include advertising on Facebook,” WhatsApp notes.

It also said that some businesses will display their goods within WhatsApp so people can see what’s available to buy. And if a WhatsApp user chooses to interact with Facebook Shops, their shopping activity can be used by Facebook to provide customised ads for the user on Facebook and Instagram

Speaking to reporters, Privacy Commissioner Ada Chung, said her office has already raised concerns and provided suggestions to WhatsApp, such as giving users more time to consider the new terms, exempting users who don’t have a Facebook account from having to agree to the new privacy terms, and providing alternatives for those who don’t agree with the policy so they could continue to use the service.

She welcomed WhatsApp's latest response to concerns, but questioned why the new policy has to apply to all users when it's claimed that the changes are solely related to business communications.

Chung also called on the messaging company to clarify what data will be shared with others.

“It was said that the app and its parent company cannot see or record users’ messages or calls and their shared location, and the app will not share users’ contact lists with its parent company. Despite this, the new Terms and Privacy Policy cover a substantial amount of personal data, including the contact lists. The app still has not clearly explained what sort of data will be shared and the purposes of sharing users’ data with other group companies.”

But Chung said she doesn’t think WhatsApp’s new privacy policy has violated Hong Kong's privacy laws.

“As far as I can see, I’ve studied the new terms and the new privacy policy. The new privacy policy of course would be up to individual companies to consider and to lay down. For the time being, I do not see any contravention of the ordinance, purely because of the terms of the new privacy policy,” she said.

“We have a regulatory framework in Hong Kong, but I don’t think it is a purely question of regulatory framework. I think this also involves a commercial decision as well.”

On Wednesday afternoon, members of the DAB party staged a protest at Chung's office, calling on her to look into whether WhatsApp's move has violated local privacy laws and to carry out a comprehensive review of all online platforms and messaging apps to see whether they have collected excessive amounts of personal data.

The party also said the fact that WhatsApp users in Europe have been exempt from the latest changes shows that these places have more stringent laws to protect people’s privacy.