Figure 1. Privacy has become one of the most important human right issues of the modern age. Source: Pexels.
Living in an interconnected society has most definitely had its advantages, not only in terms of social communication and interconnection but also on information sharing. The online society has turned into a reservoir of information that satisfies the individual’s never-ending need to stay connected to the world and to remain active members of their social group. Being active on social media and sharing bits and pieces of our private life has become synonymous with social acceptance, both on an individual and a professional level, with companies requiring their employees to build their social media presence to have an immediate interaction with their customers.
In order to become a part of this digital community, social media platforms request their users to concede a series of private information such as their IP address, their email, and their device type. Up until a few years ago, internet companies had little to zero legal obligation to protect their users’ private data, which were given open handedly to advertisement enterprises to be exploited as they seem fit. Adding to that, individuals were, and continue to be in many cases, unable to erase their digital footprint, confirming the saying that “What happens on the internet, stays on the internet.” Concerns have risen since then and many people have been protesting to get their privacy back, especially after the revelation of numerous data breach scandals, the most prominent being the Cambridge Analytica one, in which the British political consulting company obtained the personal data of 87 million Facebook users without their consent.
Figure 2. Social media and information companies have been accused multiple times for violating privacy rights. Source: Unsplash.
The recent announcement of WhatsApp, the messaging giant owned by Facebook, of a series of surprise changes in its privacy policy caused an uproar among its users bringing forward once more the issue of the fragility of online personal data. On 4 January 2021, the users of the messaging app were updated on the new changes on its term of services and private settings. They were given an ultimatum until 8 February to accept them if they wanted to continue using the social platform. According to WhatsApp’s recent press release, the new updates go into more detail about their services provided and how it processes the data of its users. It also announces its partnership with Facebook to bring integrations across the group of companies owned by Facebook. When it comes to third-party service providers, WhatsApp’s privacy policy now refers to “other Facebook Companies” and how they work with them to support technical services, market assistance, surveys and customer service.
Figure 3. WhatsApp came under fire when it announced changes in its
privacy policy. Source: Unsplash.
Users will be required to agree to share the data WhatsApp collects about them with Facebook’s subsidiary companies, Instagram or Messenger, even if they do not have an account in one of them. After the publication of the announcement, the social media app faced huge criticism from its users, who were alarmed and concerned that WhatsApp would share their personal information, including phone numbers, IP addresses, contacts and more with Facebook. Within hours, millions of users turned to smaller encrypted messaging apps such as Signal and Telegram [1], which saw a massive increase in their download numbers. Even the tech mogul, Elon Musk, tweeted to his followers to use Signal, expressing his concern and uneasiness on the issue. It is important to note that Signal and Telegram are two messaging companies famous for their protection of privacy and their security settings, as the messages sent within these apps are self-destroyed after a certain amount of time and not stored indefinitely.
WhatsApp immediately issued a new announcement ensuring its users that the new policy regulation does not violate the privacy of the users’ messages with friends and family. Instead, the privacy changes are associated with optional business services on WhatsApp and allow for further transparency about how the app collects and uses data. The Facebook subsidiary rushed to clear any confusion and misinformation and even postponed the enforcement of its new data-sharing rules until 15 May.
Figure 4. After WhatsApp’s announcement, many people were concerned about the protection of their personal data and were quick to join other messaging apps. Source: Unsplash.
The protection of personal data is an issue that has come to the forefront the last couple of years and one that is certain to torment human rights legislators and advocates. It is for these reasons that in 2016 the European Union (EU) issued the General Data Protection Regulation (GDPR). It set of regulations in EU law concerning data protection and privacy in the EU and the European Economic Area (EEA), which also addresses the transfer of personal data outside the EU and EEA areas. One of the most important elements of the regulation is the recognition and the application of the right to erasure, most commonly known as the Right To Be Forgotten (RTBF).
The RTBF appears in Recitals 65 and 66 and in Article 17 of the GDPR. It states that people have the right to ask the controller to immediately erase their online data [2], and the data controller, in return, has the obligation to delete them without any delay. In essence, it gives individuals the right to ask organisations and information companies, like Google, to delete their personal data or references to their personal data that come up publicly in search results, thus enabling them to regain control of their private information that is shared online. Nevertheless, this action goes beyond the data deletion aspect of the regulation. The importance of RTBF lies in the fact that it frees people from stigmatisation and a life-long judgement, thus giving them a second chance to life. Even though actions and publications cannot be undone, it is clear that no one should be judged wholly as a person based on what is posted online. Although initially only applied within the EU, the concept of RTBF is beginning to win ground all around the globe. The state of California recently passed RTBF in the California Consumer Privacy Act, while North Carolinais also working on RTBF laws, and there are some efforts to bring the issue before the US Congress.
Figure 5. The Right To Be Forgotten aims at ensuring the deletion of personal data from the internet when a user requests it.
All these initiatives underline the issue of privacy that the modern world is now facing. Although the GDPR is indeed a major step towards facilitating and establishing the protection of the individual’s personal data, private information shared online is mostly under the jurisdiction of internet and search companies. Furthermore, information companies are the ones who make the final decision as to whether to grant a user’s request to delete his or her personal data, thus being the judicial authority in the process.
So, the next time you decide to publish any personal information online, think twice because you lose a significant percentage of its propriety once it is out there.
[1] Signal and Telegram are encrypted messaging apps that saw a massive increase in their users when their rival company, WhatsApp, announced the changes in privacy policy.
[2] Whether it be a social media company, like Facebook, or an information company, like Google.
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