Whatsapp updated the legal basis for processing data

WhatssApp updated its legal basis on data’s processing ‘legitimate interest,’ but concerns over privacy protections still remain.


WhatsApp updated its privacy policy and set a new ‘legitimate interest’ regarding data processing, under which users have the right to object to using their data following the decision in January 2023 by the Irish Data Protection Commission (DPC). Essentially, DPC found that WhatsApp did not sufficiently clarify the legal basis for its data processing and was thus ordered to ensure that its operations comply with the General Data Protection Regulation (GDPR).

While WhatsApp’s new legitimate interest grants users to object to their use of information, concerns over its legal basis remain. According to the recent ruling of the Court of Justice of the EU (CJEU), the consent legal basis would be the ‘only viable option’ as Facebook’s use of personal data for online advertising could not be justified without users’ consent.