Four very common uses of WhatsApp that can get you into legal trouble

Although it is often used on a daily basis and without too many concerns, WhatsApp is covered by the laws of Personal data protection . This is no small matter: sharing screenshots, images, or audio recordings of others without their consent, or adding contacts to a group without prior notice, can be anything from an administrative offense to a criminal offense .

It is estimated that more than 100 billion messages are sent through the platform every day. In this massive volume of exchanges, many users engage in practices that unknowingly violate laws such as personal data protection and even intellectual property laws.

According to Eduard Blasi, a specialist in the field and a professor at the Universitat Oberta de Catalunya (UOC), there are common behaviors that could lead to financial penalties or claims for damages .

Below are four common practices that could have legal implications in Argentina:

Sharing screenshots of WhatsApp chats that allow individuals to be identified , either directly or through contextual details, may violate Law No. 25,326. This law protects personal data and establishes that its processing requires the data subject's consent, with specific exceptions.

Furthermore, if the dissemination of these screenshots affects someone's privacy, honor, or image , it could give rise to civil claims for damages . In more serious cases, if a private conversation is shared without authorization, it could constitute the crime of violation of secrets and privacy , as defined in Article 153 of the Penal Code.

Sharing multimedia content involving third parties without their permission may also constitute a violation of the Personal Data Protection Act. If the material is of an intimate or private nature , the situation is even more serious and could be classified as a crime against privacy , pursuant to Article 155 of the Criminal Code.

Although Argentina does not yet have specific legislation penalizing the non-consensual dissemination of intimate material (known as revenge porn ), bills have been introduced, such as the so-called "Olimpia Law" , which seek to classify this conduct as a crime.

Adding people to WhatsApp groups without their permission can violate their privacy, as it exposes personal data such as their phone number, name, and profile picture . Although Law No. 25,326 does not specifically address this situation, the principle of informed consent is fundamental in the processing of personal data.

In professional or institutional settings, it's advisable to obtain participants' prior consent before adding them to groups. A more privacy-friendly alternative is to use mailing lists , which allow messages to be sent without revealing the identity of the other recipients.

Forwarding messages, audio recordings, or any other content containing personal information without the sender's consent may violate the Personal Data Protection Act. Furthermore, if the content is confidential and its dissemination causes harm, it could constitute the crime of breach of confidentiality , as stipulated in Article 153 of the Criminal Code.