Thank you Tevin for highlighting this and sharing additional resources.
For a start, I think it is great that Whatsapp has shared its policy and
allowed room for debate in forums such as this, including delayed
implementation of the policy so as to give more information to the
consumers of their services and intended processing.
This is inline with the information requirements under the DPA and giving
users an option to consent to their data being shared and processed or
not. Hence, consumers have an option to consent or change platforms.
However, for a valid consent to be obtained, it must be specific. Specific
to the purpose of processing sought. In this case, I don’t think it is
clear, other than advertising, what the processing will entail. “For
example, a business may give such third-party service provider access to
its communications to send, store, read, manage, or otherwise process them
for the business.”
Also, the policy does not specify the duration of storage of data obtained
or state the rights of data subjects e.g withdrawing consent. the policy
leaves it as a take it or leave it option.
In addition, if indeed the update is as harmless as they explain it,
observing all requirements with respect to data protection, why the
different policy versions for the EU and the rest of the world? I think
there’s something they are not telling us as much as they are trying to be
open and transparent with respect to their processing purposes.
Also, I noticed that the policy shifts the responsibility of privacy to
business to provide consumers with information on intention to share the
information with third parties, details of third parties and subsequently
obtain consent from consumers. This brings about the concept of joint
controllers. Are businesses using whatsapp facilities to offer business
services ready to take on this responsibility? “To understand how a
business processes your information, including how it might share your
information with third parties or Facebook, you should review that
business’ privacy policy or contact the business directly.”
I look forward to further discussions on this next week.
Thank you
Elaine Thuo
On Thu, Feb 25, 2021 at 1:30 PM tevin mwenda via kictanet <
[email protected]> wrote:
> Hi Team,
>
> Perhaps to further guide our discussion is this twitter thread by Will
> Cathcart the Whatsapp CEO
> https://twitter.com/wcathcart/status/1347660768225841152 where he stated
> that the new changes that are coming in would not change how Whatsapp
> shared Data with Facebook group of companies. The new changes were to
> update business communication as currently about 175 million people
> interact with a Whatsapp business account everyday. Furthermore, he states
> that end to end encryption will still remain and the changes do not apply
> when you interact with non-business accounts.
>
> I think what has happened is that Whatsapp while in the process of
> updating its terms for business accounts interaction either knowingly or
> unknowingly ended up showing us or making it easier for us to finally
> understand and know the Data it shares with Facebook group of companies.
>
> In addition, it also showed us the power of having strong data regulations
> as this policy will not apply to Europe. Perhaps we can also look at India
> as it provides a good case study of how we can go about this issue.
> Currently the Supreme Court of India has asked the Centre and WhatsApp to
> reply to a fresh plea alleging lower standards of privacy for Indians in
> comparison to European users. The court stated, “it is the duty of the
> judiciary to protect citizens’ privacy. This would be an interesting case
> to follow.
>
> yourstory.com/2021/02/supreme-court-whatsapp-facebook-privacy-policy-indian-government
>
>
> Lastly, it is high time Africa as seen from the EU example start working
> as one when it comes to Data Legislation and Policy matters. We already
> have a very good convention that is the African Union Convention on
> Cybersecurity and Data Protection. Sadly only 19 countries have ratified it
> since it was published in 2014. With the passing of AFCTA I think this
> convention and subsequent Data policies may play a bigger role than
> initially thought as the saying goes Umoja ni Nguvu.
>
> Other Reads:
> 1.
> faq.whatsapp.com/general/security-and-privacy/answering-your-questions-about-whatsapps-privacy-policy
> Whatsapp Expaliner on the privacy policy
> 2.
> www.theverge.com/2021/1/12/22226792/whatsapp-privacy-policy-response-signal-telegram-controversy-clarification
> The verge article on the same.
> 3. restofworld.org/2021/whatsapp-risks-losing-its-loyal-customers/
> Rest of the world article on the effects the changes had in India why they
> risk losing thier most loyal base the uncles, aunts and grandparents
> 4.
> researchictafrica.net/2021/01/26/the-great-whatsapp-migration-delving-to-the-roots-of-a-much-bigger-problem/
> A South African view
>
>
> Thank you
> Kind Regards
>
> Tevin Mwenda Gitonga
>
>
> On Thu, Feb 25, 2021 at 9:39 AM Liz Orembo via kictanet <
> [email protected]> wrote:
>
>> @barrack, it would be interesting to hear how the principle of Data
>> minimization applies when the specified purpose is advertising.
>>
>> Where’s our data protection guru @walu?
>>
>> On Thu, Feb 25, 2021, 08:39 Mwara Gichanga via kictanet <
>> [email protected]> wrote:
>>
>>> Thank you all for your contributions, it should very exciting to engage
>>> FB on the webinar next week on Tuesday on these important issues and
>>> questions you have all raised
>>>
>>> The discussion continues!
>>>
>>>
>>>
>>>
>>>
>>> On Wed, 24 Feb 2021 at 8:57 PM, Wangu Mwangi via kictanet <
>>> [email protected]> wrote:
>>>
>>>> Hi all,
>>>> Apologies if I go a bit off track here as i just recently joined this
>>>> conversation, but i wanted to share a personal experience i’m still
>>>> puzzling over,
>>>>
>>>> A couple of weeks ago, i suddenly lost all my contact information
>>>> (names of contacts i’d been communicating with for years were no longer
>>>> showing up when receiving calls, and i couldn’t find contacts when doing a
>>>> search. But what its most strange is that at exactly the same time, I
>>>> started getting notifications from WhatsApp with guidelines for retrieving
>>>> lost contacts.
>>>>
>>>> Does this mean i signed on to something i wasn’t even aware of? And if
>>>> so, why would they mess up with saved information for contacts that aren’t
>>>> even on my WhatApp lists? This is really frightening to me as a lay
>>>> person. Any explanations?
>>>>
>>>> Thanks,
>>>>
>>>> Wangu
>>>>
>>>> On 24 Feb 2021, at 20:18, Keith Andere via kictanet <
>>>> [email protected]> wrote:
>>>>
>>>> Dear Mwara,
>>>>
>>>> These are pertinent questions you have raised here, and the discussion
>>>> is really interesting.
>>>>
>>>> On question one, I think Facebook is not your ordinary platform to
>>>> compare with other platforms such as bibles and picture filtering apps. I
>>>> therefore care much more about the privacy of my data because it’s a piece
>>>> to a bigger global puzzle. For me whatsapp is a platform where many aspects
>>>> of my life connects, my family, chama, landlord alerts, Mpesa is now
>>>> sending statements to whatsapp. I would not want to imagine that I would
>>>> want any of this used for business purposes, especially when right to opt
>>>> out is denied.
>>>>
>>>> I think this is also an opportunity to scale homegrown solutions and
>>>> platforms because soon enough when we all move to platform B, they would
>>>> pull the same strings on us! Seems we must buy our own lunch! I am still
>>>> hanging on to the old terms waiting to be axed 🙂
>>>>
>>>> Ni hayo tu kwa sasa!
>>>> Keith
>>>>
>>>> On Wed, Feb 24, 2021 at 7:39 AM Mwara Gichanga via kictanet <
>>>> [email protected]> wrote:
>>>>
>>>>> Dear listers,
>>>>>
>>>>> Thanks to those who managed to contribute to the discussions
>>>>> yesterday. We are still collating our questions to Facebook regarding this
>>>>> subject. Today let’s talk about what’s at stake with the new terms. To
>>>>> guide our discussions, let’s ponder over these questions:
>>>>>
>>>>> 1. We already have applications that mine our instant generated data
>>>>> from our mobile phones(eg bible apps, mobile lending apps, games etc).
>>>>> What’s different with Whatsapp getting this data?
>>>>>
>>>>> 2. Is there anyone who has accepted these terms already? What’s your
>>>>> experience so far?
>>>>>
>>>>> Lets continue the conversation!
>>>>>
>>>>> Warmly
>>>>> Mwara
>>>>> _______________________________________________
>>>>> kictanet mailing list
>>>>> [email protected]
>>>>> lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>>> Twitter: http://twitter.com/kictanet
>>>>> Facebook: www.facebook.com/KICTANet/
>>>>>
>>>>> Unsubscribe or change your options at
>>>>> lists.kictanet.or.ke/mailman/options/kictanet/kephand%40gmail.com
>>>>>
>>>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
>>>>> platform for people and institutions interested and involved in ICT policy
>>>>> and regulation. The network aims to act as a catalyst for reform in the ICT
>>>>> sector in support of the national aim of ICT enabled growth and development.
>>>>>
>>>>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>>>>> online that you follow in real life: respect people’s times and bandwidth,
>>>>> share knowledge, don’t flame or abuse or personalize, respect privacy, do
>>>>> not spam, do not market your wares or qualifications.
>>>>>
>>>>
>>>>
>>>> —
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> *Kind Regards,Keith AndereDirector, Systems DevelopmentIntact Computer
>>>> SystemsP. O. Box 2536 – 00621*
>>>> *Nairobi*
>>>>
>>>> *Cell: +254 722 565 212*
>>>> *www.intactsystems.co.ke <www.intactsystems.co.ke/>*
>>>>
>>>> *[image: Description: Description: cid:[email protected]]**Please
>>>> consider the environment before printing this e-mail.*
>>>>
>>>>
>>>> kictanet mailing list
>>>> [email protected]
>>>> lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>> Twitter: http://twitter.com/kictanet
>>>> Facebook: www.facebook.com/KICTANet/
>>>>
>>>> Unsubscribe or change your options at
>>>> lists.kictanet.or.ke/mailman/options/kictanet/wmwangiconsult%40gmail.com
>>>>
>>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>>>> for people and institutions interested and involved in ICT policy and
>>>> regulation. The network aims to act as a catalyst for reform in the ICT
>>>> sector in support of the national aim of ICT enabled growth and development.
>>>>
>>>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>>>> online that you follow in real life: respect people’s times and bandwidth,
>>>> share knowledge, don’t flame or abuse or personalize, respect privacy, do
>>>> not spam, do not market your wares or qualifications.
>>>>
>>>>
>>>> _______________________________________________
>>>> kictanet mailing list
>>>> [email protected]
>>>> lists.kictanet.or.ke/mailman/listinfo/kictanet
>>>> Twitter: http://twitter.com/kictanet
>>>> Facebook: www.facebook.com/KICTANet/
>>>>
>>>> Unsubscribe or change your options at
>>>> lists.kictanet.or.ke/mailman/options/kictanet/mwaragichanga%40kictanet.or.ke
>>>>
>>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>>>> for people and institutions interested and involved in ICT policy and
>>>> regulation. The network aims to act as a catalyst for reform in the ICT
>>>> sector in support of the national aim of ICT enabled growth and development.
>>>>
>>>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>>>> online that you follow in real life: respect people’s times and bandwidth,
>>>> share knowledge, don’t flame or abuse or personalize, respect privacy, do
>>>> not spam, do not market your wares or qualifications.
>>>>
>>> _______________________________________________
>>> kictanet mailing list
>>> [email protected]
>>> lists.kictanet.or.ke/mailman/listinfo/kictanet
>>> Twitter: http://twitter.com/kictanet
>>> Facebook: www.facebook.com/KICTANet/
>>>
>>> Unsubscribe or change your options at
>>> lists.kictanet.or.ke/mailman/options/kictanet/lizorembo%40gmail.com
>>>
>>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>>> for people and institutions interested and involved in ICT policy and
>>> regulation. The network aims to act as a catalyst for reform in the ICT
>>> sector in support of the national aim of ICT enabled growth and development.
>>>
>>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>>> online that you follow in real life: respect people’s times and bandwidth,
>>> share knowledge, don’t flame or abuse or personalize, respect privacy, do
>>> not spam, do not market your wares or qualifications.
>>>
>> _______________________________________________
>> kictanet mailing list
>> [email protected]
>> lists.kictanet.or.ke/mailman/listinfo/kictanet
>> Twitter: http://twitter.com/kictanet
>> Facebook: www.facebook.com/KICTANet/
>>
>> Unsubscribe or change your options at
>> lists.kictanet.or.ke/mailman/options/kictanet/tevinmwenda%40gmail.com
>>
>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people’s times and bandwidth,
>> share knowledge, don’t flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
> _______________________________________________
> kictanet mailing list
> [email protected]
> lists.kictanet.or.ke/mailman/listinfo/kictanet
> Twitter: http://twitter.com/kictanet
> Facebook: www.facebook.com/KICTANet/
>
> Unsubscribe or change your options at
> lists.kictanet.or.ke/mailman/options/kictanet/elainewangari%40gmail.com
>
> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people’s times and bandwidth,
> share knowledge, don’t flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
>
