IGF 2022 WS #461 When giants change the rules: WhatsApp case reflections

Organizer 1: Luã Cruz, Brazilian Institute of Consumer Protection (IDEC)
Organizer 2: Camila Leite Contri, Idec | Brazilian Institute of Consumer Defense
Organizer 3: Juliana Oms, Brazilian Institute of Consumer Defense

Speaker 1: Burcu Kilic, Civil Society, Western European and Others Group (WEOG)
Speaker 2: Juliana Oms, Civil Society, Latin American and Caribbean Group (GRULAC)
Speaker 3: Luã Cruz, Civil Society, Latin American and Caribbean Group (GRULAC)

Moderator

Camila Leite Contri, Civil Society, Latin American and Caribbean Group (GRULAC)

Online Moderator

Juliana Oms, Civil Society, Latin American and Caribbean Group (GRULAC)

Rapporteur

Luã Cruz, Civil Society, Latin American and Caribbean Group (GRULAC)

Format

Round Table - Circle - 90 Min

Policy Question(s)

From the announcement made by WhatsApp, would it be convenient to have previous instances of interaction between the private sector, governments, civil society, users, and them?

How was the process of interaction between the different administrative bodies acting at the national level and regional level?

What is the role of users/consumers and civil society organizations and what have been the challenges for the company?

Connection with previous Messages: Our workshop proposal dialogues with the following IGF 2021 Messages and we will use them as a kickoff for our discussions:

Adequate enabling environments (e.g. policies, legislation, institutions) need to be put in place at the national, regional and global levels to foster inclusive, just, safe, resilient and sustainable digital societies and economies

Agile regulatory frameworks – at the national, regional and, where possible, global levels – need to be put in place to outline rules, responsibilities and boundaries for how public and private actors behave in the digital space.

The complex interplay between the market and society is being reshaped by online platforms. Online platforms continue to gain power in the digital world, generating high impact throughout the globe, especially in the Global South. There is no one-size fits all approach as impacts may be positive or negative, depending on the local reality.

More awareness should be raised about the interplay between big platforms, competition, and consumer rights, among both consumers and global, regional or national antitrust regulators. Antitrust regulation could incorporate the concept of public interest, addressing the issue of market power and concerns about fundamental rights such as the right to freedom of speech. Tailored approaches like pro-ethical design in regulation should also be considered.

SDGs

16.10
16.7
16.8


Targets: Using the WhatsApp case, this workshop will discuss the challenges data protection regulators face. We realize that there is a global struggle towards implementation, independence, and enforcement. Regulators are entrusted with massive responsibilities to enforce data protection laws across all sectors of society- often while significantly under-resourced with small budgets and skeleton staff. Many countries continue to grapple with the issue of independence, as often these bodies are housed within, funded by, or connected to ministries and executive offices while also tasked to ensure government entities and political parties comply with the law.

Description:

The recent case of the change of WhatsApp policies, part of the Facebook group, current Meta, allows reflecting on the impact, consequences and derivations that the change of a global policy set by one of the technological giants has in the global south.

This workshop aims to investigate the different actions and reactions that the announced measure had in several countries and its past and current scope, to identify the administrative, governmental and/or judicial entities involved and the different regulations invoked in support of such actions, highlighting coincidences and differences. It will also seek to investigate the strategy of the company in question deployed in each case, establishing coincidences and differences.

Finally, we will seek to reflect on the possibilities of individual and joint reaction of the countries of the global south to this type of measures adopted by technological giants, their differences or similarities with the European context, and the role of the different actors involved.

Expected Outcomes

From the presentations and debates, we aim to broaden the understanding of the current regulatory scenario of the practice of unilateral changes in global policies and how this impacts the broader scenario of data protection in the global south. Thus, it is intended to identify the main problems in the light of consumer, privacy and competition law. Finally, it is intended, from the debates, to advance in the construction of a future agenda on this topic, considering possible fronts for action.

Hybrid Format: Idec will promote the event in advance on its institutional social networks (Twitter and Instagram). Researchers participating in the event will also be encouraged to publicize the panel on their social networks. In case of remote audience, the panel mediator, as well as the other guests, will be prepared to provoke discussions through questions asked to the online audience. The same dynamic of provocations will be privileged in the case of a face-to-face event, enhancing interactivity between the guests and the participating audience. About a week after the event, Idec will publish a note on its website with a report of the main points discussed by the debaters and the audience.

Online Participation



Usage of IGF Official Tool.