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İLKER KOÇAŞ / NTV.COM.TR
The social media platform has become the target of reactions due to the new confidentiality agreement dictated to WhatsApp users within Facebook.
Because the messaging platform is preparing to prohibit WhatsApp users from sharing their data with Facebook.
WhatsApp cannot enforce this update on users who live in European Union (EU) member countries. The reason for this is that the EU introduced the General Data Protection Regulation (GDPR) in 2018.
The Personal Data Protection Board (KVKK), which took action for a similar cessation decision on Monday, announced that the obligation to share data with WhatsApp was stopped.
The KVKK, which released a more detailed explanation on the matter today, announced that the investigation has started and the board conducting the investigation will follow the process and re-evaluate the matter on February 8, 2021.
What will happen next? In accordance with the legislation, the board will ask Facebook to answer questions such as where the data in question is stored, how long it is stored, and with whom it is shared.
THE MANDATORY UPDATE IS IN CONFLICT WITH ARTICLES 6 AND 9
On the other hand, the Competition Board emphasized the sixth and ninth articles in its statement. In the second paragraph of article 6, the statement “It is prohibited to process private personal data without the express consent of the data subject.”
In the first paragraph of article 9, “Personal data cannot be transferred abroad without the express consent of the interested party.” Statement is included. In other words, the new confidentiality agreement that WhatsApp tries to dictate to its users is in conflict with articles 6 and 9 of the KVKK.
WhatsApp if the result of the investigation a decision that this provision violated the company up to 10 percent of its gross annual income in Turkey to receive administrative fines.
ntv.com.tr’n responding to the questions of the president of the IT Law Association, Ergun Kursat, in case of a possible sanction for not being a representative on the road of Turkey, Facebook can choose not to pay the sanction, said.
FACEBOOK BEFORE ACCEPTING A PENALTY
However, Ergün stressed that KVKK had previously opened a similar investigation against Facebook and Facebook paid the fine determined as a result of the decision.
In other words, the decision to appear before the Facebook representative in Turkey and although the agreed fine is not paid. So what if Facebook doesn’t recognize the decision regarding WhatsApp this time?
CAN I ACCESS WHATSAPP?
According to Ergün, the mandatory update of WhatsApp contradicts law number 5651. Consequently, any user can go to the Criminal Court of Peace and the court can block access to WhatsApp within 24 hours for violation of the law.
