If you were already on the messaging app Telegram, you no doubt started receiving dozens of notifications that people had joined. Why is that?
Well, the biggest messaging app in the market, WhatsApp, recently informed users that they’re updating their privacy policy. This will take effect on 8 February 2021*, and for continued use of the app, everyone has to agree. This didn’t go down well and as we’ve come to expect after such an announcement, there was panic, there were twitter threads and, of course, a slew of misinformation and conspiracy theories being forwarded by aunties on WhatsApp.
But beyond all the noise, what exactly does this update mean?
Your privacy
The fact of the matter is that Facebook and its companies do not have a great reputation when it comes to privacy and their handling of users’ information. For example, Instagram – also owned by Facebook – has been in hot water for privacy concerns that have included allowing an ad partner access to users’ information such as location and photos. And in the 2019 Netflix documentary The Great Hack which spoke of the Cambridge Analytica scandal, some damning evidence was shared including the revelation that data was accessed not only from people who’d opted into certain third party software but data about their friends as well. And this is just the tip of the iceberg.
Now as uncomfortable as the idea is, your identity information, location, credit card information, media and the files in your device have long been available to certain messaging and social networking sites. This is because we openly share them in order to use the apps optimally, and as stated in the actual WhatsApp Privacy Policy document, you can’t send your location to your loved ones unless you share it with WhatsApp first. The same thing applies to when you check-in to a location.
The information they do and will have – now with your full consent – includes:
- Transactions and payment data if you use their payment systems
- Usage information such frequency and length of use
- Groups you interact with, their names, profile pictures and descriptions
- Device information such as make and model, IP address and other identifiers that link you to other Facebook products
- Information others share with WhatsApp about you
- The business accounts you interact with, which additionally may have third party software or companies managing their channels so the communication may reach further than just the chat
But when it comes to the actual content and messages you exchange with people, this is where it gets fuzzy. For years now, WhatsApp has had end-to-end encryption which means only you and the person you send messages to can read them, not even WhatsApp can. WhatsApp has stated that this will not change. Which means they will not be sharing your private communication with Facebook, or any other entity. This was confirmed by several news sources including newspaper The Indian Express. WhatsApp has come out trying to explain the misconceptions as well, read more here.
But the privacy policy does state: “We may amend or update our Privacy Policy. We will provide you notice of amendments to this Privacy Policy, as appropriate, and update the “Last modified” date at the top of this Privacy Policy. Please review our Privacy Policy from time to time.” Make of that what you will.
What does the law say
The digital space and social media have grown at unprecedented speeds. And the law is always playing catch up. On average, it takes South Africa 153 days to pass a bill (this is half a year). This is from the introduction of the bill in the national assembly, discussions, amendments, debates, adoption, white papers, and gazetting. Here is an explanation of how it goes in South Africa. So of course, the law is almost always lagging behind when it comes to regulating the digital space.
The implications of this are two-fold. The collection, use and sale of your information was always in a fuzzy realm of legality. But for all intents and purposes, WhatsApp does have the right to give the option to accept their terms of use or stop using the platform. Now with your consent given, it makes it easier for such information to be collected with not much recourse should you feel aggrieved down the line.
What are your options
You can choose to stay and do nothing. The unfortunate thing with (pseudo) monopolies is the convenience. Just about everyone you know is accessible on WhatsApp and that makes life much easier, adding that mobile networks even offer specific data bundles for WhatsApp which help when money is tight and you need to stay in touch. Add to that, companies have started relying on these platforms to conduct and facilitate businesses. If we add the other Facebook products such as the Facebook platform and Instagram, they hold the key to whole industries as well. Their deaths can mean the end of entire careers and businesses.
With that said, life is about choices and of course, you could opt out and migrate to another messaging apps. Signal and Telegram have come out as strong contenders and there are even reports that an estimated 25 million users have joined Telegram since the announcement of the new policy, taking it over the 500 million user mark.
In conclusion, the new policy doesn’t affect your everyday use much if at all but the move does warrant concern. You’re not being unreasonably paranoid for opting out or wanting to. It is never a good sign when the only options you have are “opt in” or “lose convenient, cheap contact with hundreds of people you know”. And it goes further into the issue of whether the option to fully opt out even exists anymore. As mentioned earlier, a lot of our information is already on Facebook, WhatsApp and some of their third party companies. Unfortunately that’s true with other networks and devices as well, and in the times we live in, for example, you appear in the background of someone’s photo, if the network has enough information about you, you can easily be identified whether you consented to this or not. So unless you move to the bushes and lose all contact with everyone, there’s no easy solution that will work for everyone. The decision comes down to how comfortable you are with the balance of privacy (or lack thereof), the convenience the platforms afford you and how much or how little you trust them. But with all things, always stay safe online, use your discretion and employ common sense.
*WhatsApp has released a statement with plans to push back updates until 15 May 2021.