The right to be forgotten on WhatsApp refers to the ability of users to request the deletion of their personal data from WhatsApp’s servers. This allows people to remove content they posted in the past that may now be irrelevant, inappropriate, or embarrassing.
What is the right to be forgotten?
The right to be forgotten is a concept that originated in European law. It is the idea that individuals have the right to request the deletion or removal of their personal data. This gives people greater control over their digital footprint and online information.
The origins of the right to be forgotten can be traced back to French law in the late 1970s. However, it gained significant attention in 2014 when the Court of Justice of the European Union ruled that search engines like Google should remove outdated or irrelevant information from search results if requested by the individual.
This ruling established the right to be forgotten as a privacy protection under the European Union’s General Data Protection Regulation (GDPR). The GDPR gives EU citizens the right to request the erasure of their personal data under certain conditions. This legislation has made the right to be forgotten an important privacy standard worldwide.
How does the right to be forgotten apply to WhatsApp?
WhatsApp is subject to the GDPR as it has millions of users in the EU. Therefore, WhatsApp must allow EU citizens to exercise their right to be forgotten by deleting their personal data from WhatsApp’s servers upon request.
Specifically, WhatsApp users in the EU can request the removal of:
- Their account information
- Their profile information
- Their messages
- Any other personal data WhatsApp stores about them
WhatsApp will then permanently delete the requested data from its servers and stop transmitting or storing the data. This gives users control over their digital footprint on WhatsApp.
How to request data deletion on WhatsApp
To request data deletion on WhatsApp, users in the EU can follow these steps:
- Open WhatsApp and go to Settings > Account > Request Account Info
- Review your personal data and select the information you want deleted
- Tap “Request Data Deletion” and confirm the deletion
- Wait for WhatsApp to process and confirm your deletion request
WhatsApp states data deletion requests may take up to 90 days to process fully. Users should receive notification once WhatsApp deletes the requested data.
Limitations of the right to be forgotten on WhatsApp
There are some limitations to the right to be forgotten that affect WhatsApp data deletion requests:
- Only applies to EU citizens – Non-EU WhatsApp users cannot make deletion requests under GDPR
- Does not apply to backups – If user data exists in backups, it may not get permanently deleted
- Does not cover all 3rd parties – WhatsApp cannot force deletion by all third parties who may have copies of data
- Not valid for legal obligations – WhatsApp may deny requests if it has a legal need to keep data
Additionally, if a WhatsApp user has shared data with other users, this cannot be globally deleted. Other users may still retain copies of any messages, photos, or information shared with them.
Should businesses worry about the right to be forgotten on WhatsApp?
Businesses that use WhatsApp to communicate with customers should be aware of the right to be forgotten. If a customer invokes their right to be forgotten under GDPR, the business must comply with deletion requests.
Specifically, if a customer requests their WhatsApp business messaging history be erased, the business must:
- Delete the customer’s messages and contact details from WhatsApp
- Confirm to the customer their data has been deleted
- Cease accessing, processing, or storing that customer’s WhatsApp data
Failing to properly honor right to be forgotten requests can result in significant GDPR fines. It demonstrates a lack of compliance and accountability around personal data.
Best practices for businesses using WhatsApp
To prepare for right to be forgotten requests, businesses using WhatsApp should:
- Inform customers upfront how their WhatsApp data will be used and stored
- Only request necessary customer data via WhatsApp
- Avoid retaining WhatsApp data longer than needed
- Train staff to handle data deletion requests promptly
- Ensure data backups and third parties also comply with deletions
Proactively managing data and privacy expectations can help minimize business risks and uphold customer rights around personal data.
Frequently Asked Questions
Can I delete my WhatsApp account and all my messages?
Yes, users in the EU can request full deletion of their WhatsApp account, messages, media, and other personal data. WhatsApp will permanently erase the account and associated data from its servers.
Does deleting WhatsApp messages delete them for everyone?
No, when you delete your own WhatsApp messages it only deletes them from your device and not the recipient’s device. To have messages deleted for all users, all parties must request deletion of their message copies.
Can I delete certain WhatsApp messages but keep my account?
Yes, you can selectively delete certain messages, groups, media files, etc. while maintaining your WhatsApp account and other data you want to keep.
Will my contacts on WhatsApp know if I delete my account?
No, when your WhatsApp account is deleted your contacts will no longer see your profile or any information about you on WhatsApp. You essentially disappear from their apps.
If I delete my WhatsApp account can it be recovered?
No, if you request full account deletion under the right to be forgotten then WhatsApp is obligated to permanently erase the account data from its servers. This deletion cannot be reversed.
Conclusion
The right to be forgotten gives WhatsApp users in the EU control over their data. They can request WhatsApp delete their personal information completely and permanently from its systems. Businesses should be prepared to handle such data deletion requests properly. Managing privacy expectations and data minimization is key to avoiding compliance issues related to the right to be forgotten.