Norway to hit Meta with fines over Facebook user privacy from next week
- Reference: 1691497568
- News link: https://www.theregister.co.uk/2023/08/08/norway_meta_fines/
- Source link:
The Norwegian data protection authority Datatilsynet [1]warned last month that it was imposing a temporary ban on Meta's tracking and profiling of users in the country, the purpose of which is, of course, targeted advertising, and said the company risked being fined if it did not comply with the decision.
It appears that Meta had not complied by August 4, the date from which the temporary ban was to take effect, and so the fines will now be imposed.
[2]
However, as The Register has [3]previously pointed out , even if the fine is imposed for the entire three month period of the temporary ban, it will add up to a fraction of 1 percent of Meta's Q1 2023 profits, and so is unlikely to cause the social media giant much anguish.
[4]
[5]
Norway's Datatilsynet announced on July 17 that it considered the behavioral advertising practices of Meta to be illegal, and it was therefore imposing a temporary country-wide ban on this across Facebook and Instagram.
Its decision was based on an [6]earlier action by Ireland's Data Protection Commission on behalf of all data protection authorities across the European Economic Area (EEA), which includes all European Union (EU) member states plus others that have opted into the single market, such as [7]Norway . This established that Meta had conducted illegal behavioral advertising.
[8]
Meta made some changes following that decision, but a further [9]ruling [PDF] from the Court of Justice of the European Union early in July stated that Meta's behavioral advertising still did not comply with the law, leading to Norway's temporary ban.
Just last week, Meta said it was [10]changing tack and would seek explicit consent from EU users before using their data to serve up targeted advertising.
The change will only apply to users in the EU and EEA countries, plus Switzerland. But as The Register wrote at the time, it is not clear when this change will take effect, or what the protections for users will be.
[11]
According to an update [12]published today by Datatilsynet, Meta has said that it will look at how it can align itself legally in the future, "but as we see it, has still not stopped the illegal activity."
[13]Playing instruments, musical talent? Psh, this is the 2020s – Meta has models for that now
[14]Meta says it'll ask Euro peeps nicely before hitting them with personalized ads
[15]Do Facebook's algorithms drive political polarization? Meta says no, but researchers say it's complicated
[16]Australian court orders Meta subsidiaries to pay $14 million over data use
The data protection authority also said Meta had petitioned the Oslo District Court for a temporary injunction, asking the court to stop the implementation of the ban. If Meta's bid for an injunction is successful, it would not have to comply with the behavioral advertising ban pending a full trial.
A Meta spokesperson confirmed to us the company is challenging the ban, which it believes disregards due process. Meta has already committed to what Datatilsynet is asking for (consent), but it cannot simply flick a switch to comply, the company said.
The temporary injunction issue will probably be decided during August, according to Datatilsynet, which said it will post an update as soon as the court date is decided. ®
Get our [17]Tech Resources
[1] https://www.datatilsynet.no/en/news/aktuelle-nyheter-2023/temporary-ban-of-behavioural-advertising-on-facebook-and-instagram/
[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZNJmpLePCC--odqg2uscmAAAA0E&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[3] https://www.theregister.com/2023/07/19/norway_meta_advertising_ban/
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZNJmpLePCC--odqg2uscmAAAA0E&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZNJmpLePCC--odqg2uscmAAAA0E&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[6] https://www.theregister.com/2023/01/04/meta_fined_390_for_using/
[7] https://www.datatilsynet.no/en/regulations-and-tools/regulations/#:~:text=Although%20not%20a%20member%20of,manner%20as%20EU%20Member%20States.
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZNJmpLePCC--odqg2uscmAAAA0E&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[9] https://curia.europa.eu/jcms/upload/docs/application/pdf/2023-07/cp230113en.pdf
[10] https://www.theregister.com/2023/08/02/meta_eu_gdpr_advertising/
[11] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZNJmpLePCC--odqg2uscmAAAA0E&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[12] https://www.datatilsynet.no/aktuelt/aktuelle-nyheter-2023/tvangsmulkt-til-meta-hvis-forbud-ikke-folges/
[13] https://www.theregister.com/2023/08/02/meta_audiocraft_release/
[14] https://www.theregister.com/2023/08/02/meta_eu_gdpr_advertising/
[15] https://www.theregister.com/2023/07/31/are_facebooks_algorithms_politically/
[16] https://www.theregister.com/2023/07/26/australian_court_fines_meta_subsidiaries/
[17] https://whitepapers.theregister.com/
Re: Meta
But your honour, I have to keep selling those drugs in the short term. I mean I have agreed to stop selling these illegal drugs, but I cant just flick a switch and that stockpile in my stash will just disappear. It takes time to get rid of that backlog, and the quickest way is if you allow me to keep illegally selling these drugs. Once the stash is gone, I'll stop, honest!
Re: Meta
The issue there is not selling an addictive product, but selling the personal information of addicts to advertisers...
Less than 1%
The fine is very small, but it sets a precedent. Once the notion that nonconsensual behavioral advertising is illegal becomes a well-established fact in tribunals, the road is paved for the fines to start climbing.
Re: Less than 1%
Fines need to be based on percentages of global annual turnover. It's the only way to ensure that nobody's big enough to ignore them providing, of course, that regulators apply them at appropriate levels.
Re: Less than 1%
Even if they remain small they could be significant in aggregate once countries follow the Norwegian example.
Tell the ISPs to block access to Facebook
That will get Zuck's attention. It will also benefit the Norwegan economy as less time will be wasted there.
Re: Tell the ISPs to block access to Facebook
UK DPA 1.0 gave the Information Commissioner the power to forbid processing data. This would be the equivalent for online businesses. I don't know if the IC ever used it but it's the nuclear option.
Re: Tell the ISPs to block access to Facebook
The you just outsource the processing of data to an external company, and you are in the clear?
Re: Tell the ISPs to block access to Facebook
The external company could be hit with a similar instruction, applying to all its processing, even for other customers. That wouldn't propagate very far, nor be repeated.
Re: Tell the ISPs to block access to Facebook
That would never happen in a democracy - too many votes would be lost if you stop the electorate viewing cat pictures!
Meta
says, "Meta has already committed to what Datatilsynet is asking for (consent), but it cannot simply flick a switch to comply, the company said".
But it could flick a switch and not offer it's products in jurisdictions in which they do not comply with the local laws as is the case with companies producing physical products.