Mervinskiy 437

Page 129

Assessment of Decision-Maker: What information has been provided? 464. The identified section of the Privacy Policy provides as follows: “Managing And Deleting Your Information We store information until it is no longer necessary to provide our services, or until your account is deleted, whichever comes first. This is a case-by-case determination that depends on things like the nature of the information, why it is collected and processed, and relevant legal or operational retention needs. If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools: …  Deleting Your WhatsApp Account. You may delete your WhatsApp account at any time (including if you want to revoke your consent to our use of your information) using our inapp delete my account feature. When you delete your WhatsApp account, your undelivered messages are deleted from our servers as well as any of your other information we no longer need to operate and provide our Services. Be mindful that if you only delete our Services from your device without using our in-app delete my account feature, your information may be stored with us for a longer period. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.” 465. I note, however, that further information has been provided in the “How to Delete Your Account” FAQ187. While this assessment has been carried out by reference to the Privacy Policy and any linked texts/documents/notices, WhatsApp, as part of its Inquiry Submissions, made specific reference this FAQ in support of its approach under this heading. Accordingly, I have reviewed this document as part of my assessment. I note that this document states: “How to delete your account You can delete your account from within WhatsApp. Deleting your account is an irreversible process, which we cannot reverse even if you perform it by accident. … Deleting your account will:  Delete your account info and profile photo.  Delete you from all WhatsApp groups.  Delete your WhatsApp message history on your phone and your iCloud backup. If you delete your account:  You can't regain access to your account.  It may take up to 90 days from the beginning of the deletion process to delete your WhatsApp information. Copies of your information may also remain after the 90 days in the backup storage that we use to recover in the event of a disaster, software error, or other data loss event. Your information isn't available to you on WhatsApp during this time.  It doesn't affect the information other users have relating to you, such as their copy of the messages you sent them.  Copies of some materials such as log records may remain in our database but are disassociated from personal identifiers.

187

Available at https://faq.whatsapp.com/en/general/28030012/ (the “”How to Delete Your Account” FAQ”)

129


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Articles inside

The Decision-Making Stage

2hr
pages 143-220

Article 83(5) and the applicable fining “cap”

14min
pages 248-256

Decision: Whether to impose an administrative fine and, if so, the amount of the fine

18min
pages 225-237

Appendix C – Terms of Order to bring processing operations into compliance, made pursuant to Article 58(2)(d

3min
pages 264-265

Summary of Corrective Powers to be Exercised

0
pages 257-258

Article 83(2)(k): any other aggravating or mitigating factor applicable to the circumstances of the case, such as financial benefits gained, or losses avoided, directly or indirectly, from the infringement

10min
pages 221-224

Assessment: Article 13(2)(a) – Retention Criteria/Retention Periods

2min
page 128

Assessment: Article 13(2)(b) – the existence of the data subject rights

2min
page 132

Assessment of Decision-Maker: What information has been provided?

2min
page 129

Identified Legal Basis 5: The vital interests of the data subject or those of another person

2min
page 110

Assessment of Decision-Maker: What information has been provided?

2min
page 124

Assessment: Article 13(1)(f) – Transfers of personal data to a third country

2min
page 123

Assessment of Decision-Maker: What information has been provided?

1min
page 120

Identified Legal Basis 6: Tasks carried out in the public interest

8min
pages 111-113

Identified Legal Basis 1: Contractual Necessity

17min
pages 94-99

Identified Legal Basis 2: Consent

5min
pages 100-101

Identified Legal Basis 4: Compliance with a Legal Obligation

11min
pages 106-109

Identified Legal Basis 3: Legitimate Interests

10min
pages 102-105

Preliminary Issue: What information must be provided pursuant to Article 13(1)(c)?

26min
pages 82-92

Assessment: Application of the Proposed Approach to Article 13(1)(c

2min
page 93

Review of the Materials being relied upon by WhatsApp

10min
pages 64-67

Assessment: Article 13(1)(c) – the purposes of the processing for which the personal data are intended as well as the legal basis for the processing

7min
pages 79-81

Assessment of Decision-Maker: What information has been provided?

1min
page 76

Methodology for Part 2: Assessment and Questions for Determination

19min
pages 68-74

Relevant Provisions

4min
pages 62-63

Assessment: Article 13(1)(a) – the identity and contact details of the controller

2min
page 75
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