The WhatsApp Privacy Policy was updated on January 4, 2021 and is required to be accepted by users until February 8, 2021. As a result, it has become one of the most discussed topics in the world. We have evaluated WhatsApp's Privacy Policy for you within the framework of the Personal Data Protection Law No. 6698.

Which of My Data is Processed?

There is no major change in terms of personal data processed in the Privacy Policy, the scope of the processed data does not change, but in general terms, your phone number, contacts, location information, status you shared through the application, etc. your data is processed and it is stated that this data will be shared with Facebook for limited purposes. There is no change in accessing the message contents, and it has been stated that the messages will continue to be encrypted end-to-end, that is, no party, including WhatsApp, will be able to access the message contents.

You can see all of your processed Personal Data on the report, which we can request via Settings> Account> Request account information in WhatsApp. After you request the report, it is prepared within 3 days and shared with you on the same screen. Through the prepared report, you can examine in detail which data is processed and shared with Facebook.

User Responses

The most important reason for user reactions is that the acceptance of the user agreement is imposed rather than sharing the data with Facebook, otherwise the service cannot be used. Another reason for the increase in reactions on this issue is; This application is only available to users outside the European Union.

WhatsApp Users are very right in their reactions. Although this practice is unethical, it is also against the Law on the Protection of Personal Data No. 6698. With the Board Decision dated August 2, 2018, the services are open It has been announced to the public that it cannot be subject to consent (eg acceptance of the Privacy Policy).

Other matters where the Privacy Policy does not meet the requirements of the Law are as follows:

• The legal reasons for the processed personal data are not specified.

• The rights of users are not specified within the scope of KVKK.

• Data Controller Representative is not specified.

• No information has been provided regarding the transfer of data abroad.

The Personal Data Protection Board did not remain indifferent to the issue and shared an announcement that an investigation was launched regarding Whatsapp. The basis of the announcement is the concept of Open Consent, which has been the subject of various discussions and Board decisions to date.

In summary, the Board;

• Express consent cannot be asserted as a prerequisite for the performance of the service, whether Whatsapp violates this rule,
• It is not possible to obtain a collective express consent, the possibility of acceptance and rejection should be provided separately for each processing activity, and whether this situation exists,
• It is subject to express consent for Whatsapp to share the information it has obtained with other data controllers abroad, but other data controllers are not clearly stated in this regard and the user is given partial refusal,
• Whether it is acted in accordance with the data processing principles in the Law,

It announced that she had initiated an ex officio investigation for the purpose of her investigation and that a re-evaluation would be made on 08.02.2021.