Brazilian court limits WhatsApp data sharing in landmark ruling

The ruling is part of a global movement for enhanced data protection and could impact not only WhatsApp but also other tech companies in Brazil and potentially set a precedent for similar actions worldwide.

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A federal judge in São Paulo has issued a resolution that could significantly change the way WhatsApp handles its users’ data in Brazil, limiting data sharing with other companies in the Meta group. This decision responded to a class action lawsuit filed by the Federal Public Ministry and the Brazilian Consumer Defense Institute.

Concretely, the measures ordered by the judge include the prohibition of sharing data of Brazilian users for the Meta group companies and the order to implement, within 90 days, an ‘opt-out’ functionality within the application.

Daniel Monastersky, partner at Data Governance Latam, explained that although WhatsApp argued that its data-sharing practices are legal and that the company has provided adequate information to its users, the court did not consider it sufficiently clear and transparent. The ruling states that some of the company’s practices could constitute an abuse of consumers in Brazil.

Why does this matter?

The ruling was issued in the context of a growing global concern about protecting personal data and transparency in the practices of big technology companies. The decision could have significant implications for WhatsApp and other technology companies operating in the country. It could also serve as a precedent for similar cases in other jurisdictions, especially in countries seeking to strengthen their data protection laws.