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Brazil: ANPD issues analysis of adequacy of WhatsApp's privacy policy with LGPD 

The Brazilian data protection authority ('ANPD') issued, on 25 May 2022, the third Technical Note No. 49/2022/CGF/ANPD on the analysis of the adequacy of Whatsapp LLC's privacy policy with Law No. 13.709 of 14 August, General Personal Data Protection Law (as amended by Law No. 13.853 of 8 July 2019) ('LGPD').  

As part of this third Technical Note, the ANPD analysed the following aspects of WhatsApp's privacy policy: 

  • review of WhatsApp Business Terms of Use and Policies; 
  • data categories, legal bases, and purposes for the data processing; 
  • information relating to data subject rights; 
  • processing of sensitive data and data of children and adolescents; and 
  • security and privacy prevention measures. 

However, the ANPD further noted that it will continue to assess other issues relating to the conduct of WhatsApp in Brazil, such as: 

  • the consequences of the change in the application's privacy policy in Brazil; 
  • the sharing of WhatsApp's data.; 
  • the processing of personal data of children and adolescents; and 
  • issues related to privacy security measures by design and Privacy by Default. 

You can read the press release and the previous technical notes here and the third Technical Note here, both only available in Portuguese.