
The Hamburg Administrative Court has upheld a ban on WhatsApp sharing data on its German users with parent company Facebook without their consent. Last September the Hamburg data protection commissioner ordered Facebook not to share data from WhatsApp, such as phone numbers and associated names and messages, without users' consent. This followed WhatsApp announcing a change in policy that would see it share such details with Facebook as standard practice.
The Hamburg privacy watchdog's order took effect immediately, and Facebook applied for an injunction suspending the order while it fought the decision in court. However, the court has now ruled that the order will remain in effect, pending any further legal proceedings, in order to comply with German data protection law. The court acknowledged that there was still a question whether German law applied, given that Facebook's European operations are based in Ireland, but in any event EU data protection rules must apply. Facebook may appeal again to a higher court.