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Facebook Data Processing Complaint Overview:
- Who: Ireland’s Data Protection Commissioner Helen Dixon ruled Facebook did not violate the General Data Protection Regulation by processing users data without asking for consent.
- Why: Dixon ruled Facebook was within its right to process users data because they signed the company’s terms of service contract.
- Where: The decision affects Facebook users across the EU.
European users who sign Facebook’s terms of service automatically give the company the right to process their private data, says Ireland’s Data Protection Commissioner (DPC).
The ruling was contrary to privacy activist Max Schrems’ claims that Facebook’s terms of service forced users to consent to having their data processed as a condition of using the social media platform.
Schrems — along with his nonprofit None of Your Business — filed a 2018 complaint against Facebook that argued its data processing tactics were in violation of the EU’s General Data Protection Regulation (GDPR).
The office of Irish DPC Helen Dixon disagreed, writing in a draft decision that Facebook is following GDPR regulations by having its users sign a contract instead of directly asking for their consent to process their data.
Data Protection Commissioner Proposed Facebook Pay a $32-$42 Million Fine for Lack of Transparency in Processing User Data
Dixon’s office did propose that Facebook pay a fine of between $32 million and $42 million, however, saying they should have made it clear to users that signing its terms of service would allow them to process their data.
“The infringements are serious in nature,” Dixon’s office wrote. “The lack of transparency goes to the heart of data subject rights and risks undermining their effectiveness by not providing transparent information in that regard.”
The proposed fine is significantly less than what Facebook would have to pay if they were found to be in violation of the GDPR, which allows for fines of up to 4 percent of a company’s annual earnings — around $84 billion last year for Facebook.
European Data Protection Board members will be allowed to weigh in on Dixon’s decision before it becomes final, Law360 reported.
Facebook is facing a separate lawsuit filed earlier this month by a female small business owner who claims the company let fraudsters posing as her business post advertisements on its platform.
Do you feel Facebook has a right to process users’ data without consent because they signed its terms of service? Let us know in the comments!
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