The Office of the Irish Data Protection Commissioner (DPC) is preparing a regulation according to which Facebook will be ordered to change the way it informs users about data processing. If the document is accepted, Facebook will also face a fine of € 36 to € 36 million
Human Rights Defender Max Schrems / Source: wsj.com
Another investigation into the world’s largest social network is related to the complaint, which in 2018 a year ago filed by Austrian lawyer and privacy specialist Max Schrems – his non-profit organization NOYB published a draft resolution. A DPC spokesman declined to comment as the investigation is still ongoing, although the Office sent out a document last week to EU regulators 26. Within a month, departments will be able to respond or raise objections, after which the DPC will make a final decision.
In a complaint from 2018 year, filed due to an alleged violation of the General Data Protection Regulation (GDPR), it says that Facebook did not obtain user consent for its data processing methods, including the use of personal information for displaying ads – instead, the service forced them to accept the Terms of Service as contract. Human rights activists argue that companies should be deprived of the ability to hide important information about the peculiarities of data processing, especially in those documents that most users do not read carefully.
Source: wsj.com
According to the requirements of the GDPR, in order to process personal data, a company must either obtain the explicit consent of a person, or justify that such processing is necessary to fulfill a contract with this person. In 2019, the European Data Protection Board (EDPB), which oversees all relevant regulatory bodies in the EU, decided that in general, the processing of personal data for the provision of targeted advertising is prohibited. justify the fulfillment of the contract.
However, the DPC did not agree with the arguments of Mr. Schrems: “The counter-argument is that such advertising, which is the core of Facebook’s business model and the core of the contract between Facebook and its users is necessary for the performance of this contract between Facebook and the Claimant ”. The agency proposed to require Facebook to make its terms more transparent within three months, but according to the draft resolution, the company will need more time for this. : December 2020 of the year in the Twitter case and September 2021 of the year in the WhatsApp case. In both cases, the DPC followed standard dispute resolution, extending cases by several months. According to experts, the decision regarding Facebook will also meet with objections, since it addresses the fundamentally important issue of exactly in which form the user must consent to the processing of their data.
In accordance with the GDPR, the Irish regulator is the main supervisory authority for the processing of data by large multinational corporations on behalf of EU citizens, as their European headquarters are located in Ireland. The DPC’s decisions displeased other European regulators, who insisted on higher fines for WhatsApp and Twitter.
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