Meta, the Irish arm of IT giant Meta Platforms, has taken legal action against a proposed ban on its Facebook and Instagram platforms processing personal data for use in behavioral advertising. The Data Protection Commission served the tech giant with an enforcement notice, giving it seven days to cease processing data based on users’ online activities and interests. Failure to comply is not only a criminal offense but could also result in fines. Meta has applied to the High Court to quash the enforcement order, arguing that it is vague and unclear about how the company can be GDPR compliant.
Moreover, Meta claims that issuing the notice violates its legitimate expectation of a fair hearing and fair procedures. It further argues that the decision renders certain sections of the 2018 Data Protection Act, which established the DPC, unconstitutional. The proposed ban would impact how Meta’s platforms operate throughout Europe. Both Ireland and the Attorney General are respondents in the legal proceedings. Meta asserts that the ban would hinder Facebook and Instagram from utilizing users’ personal information to inform and provide details to advertisers.
The enforcement notice was issued after the European Data Protection Board (EDPB), the EU’s data protection authority, mandated the Irish DPC to take action against Meta. While Meta had previously claimed that its data processing for behavioral advertising was permissible under GDPR’s contractual necessity and legitimate interest, the EDPB rejected these arguments. Meta is currently facing legal challenges in domestic and European courts over the findings against it.
Frequently Asked Questions (FAQ)
1. What is Meta challenging?
Meta is challenging the proposed ban on its Facebook and Instagram platforms processing personal data for behavioral advertising.
2. What is the enforcement notice issued by the Data Protection Commission?
The enforcement notice mandates Meta to cease processing data based on users’ online activities and interests. Failure to comply is a criminal offense and could result in fines.
3. Why is Meta seeking to quash the enforcement order?
Meta believes that the enforcement order is vague and unclear about what the company must do to be GDPR compliant. It also asserts that the decision to issue the notice violates its legitimate expectation of a fair hearing and renders certain sections of the Data Protection Act unconstitutional.
4. How does Meta argue the proposed ban would affect its platforms?
Meta claims that the ban would prevent Facebook and Instagram from using users’ personal information to inform and provide details to advertisers.
5. Why is Meta currently facing legal challenges?
Meta’s arguments that its data processing for behavioral advertising was permissible under GDPR were rejected by the European Data Protection Board, leading to separate legal challenges in domestic and European courts.