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Why this case will be a major test for WhatsApp privacy

A Brazilian federal prosecutor in the state of Amazonas has frozen USD11.7m of Facebook Inc.

The reason?

whatsapp

The company failed to comply with a court order to supply data on users of the company’s WhatsApp messaging service who are under criminal investigation.

The court rejected Facebook’s defence that the data concerned was the responsibility of telephone and other service providers in the United States as well as Ireland. As such they would need international cooperation.

The prosecutor has accused Facebook of showing disrespect for Brazilian institutions. Brazil has actually shut WhatsApp down three times since December.

If Facebook is to end up being forced to comply with this decision it will lead to many states demanding data of people they identify as rogue elements from the company. While it is all very well when used against criminal elements the issue becomes when a sitting government uses it to get rid of political enemies.

Obviously, we do not see the multi-billion dollar Facebook complying because of a fear of losing 11.7 million. However with many governments becoming uneasy with the levels of encryption on messaging services, you might find more of them demanding data from the company and others like it.

The implications are interesting…

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