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Facebook – Court Ruling (Germany, 2023)

Court Ruling
DPA LGAugsburg9 June 2023Germany
final
Court Ruling

Privacy enforcement record

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A court ruled that Facebook was not liable for a user's concerns about data scraping from its platform. The user claimed their phone number was exposed, leading to worries about data misuse, but the court found the claims were too vague. This case illustrates the challenges users face in proving harm from data breaches.

What happened

A user claimed Facebook was responsible for data scraping that exposed their phone number.

Who was affected

The user who registered on Facebook and was concerned about their phone number being scraped was affected.

What the authority found

The court ruled that the user's claims lacked sufficient detail to establish liability for Facebook.

Why this matters

This case highlights the difficulty users may encounter when seeking accountability from large tech companies for data privacy issues. It emphasizes the need for clearer regulations and user protections.

Recorded legal citations
Automatically processed
Art. 13 GDPR
Art. 14 GDPR
Art. 17 GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(f) GDPR
Art. 6(1) GDPR
Art. 25(2) GDPR
Art. 82(1) GDPR
View original scraped data
Art. 5(1)(f) GDPR
Art. 5(1)(a) GDPR
Art. 6(1) GDPR
Art. 13(GDPR)
Art. 14(GDPR)
Art. 17(GDPR)
Art. 25(2) GDPR
Art. 82(1) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
§ 1004 Abs. 1 S. 2 BGB
§ 823 Abs. 2 BGB
Art. 1 Abs. 1 GG
Art. 2 Abs. 1 GG
Decision AuthorityLG Augsburg

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Full Legal Summary
Detailed

The plaintiff was a user of the defendant's social media plattform. He registered his profile with his phone number and didn't change the preset visibility option to "not visible". This option is set to "visible" in order to get found by phone number, the users get informed about this during registration. Business Insider on 4/3/2021 published an article reporting about scraping of phone numbers from the defendant's platform by unknown third parties. On July 2, 2021, The plaintiff sent a letter to the defendant demanding payment of damages and a cease and desist order, the defendant responded to the plaintiff's letter on September 30, 2021. On November 25, 2022, The Irish Data Protection Commission fined the defendant for violating the GDPR with €265 million for violating the GDPR and ordered the defendant to take remedial action. The plaintiff has not yet been the victim of identity theft; her account at the defendant's platform has also not been taken over by unknown third parties. The plaintiff has since changed the settings in her account so that her telephone number can no longer be accessed via the contact import tool. The plaintiff argues that she has been victim of a data breach, received (but did not answer) several calls from outside the country, that she lost control over her data and was in big worries about misuse of her data. She mentioned that she's getting a lot of strange short messages with apparent fraud attempts. This was due to missing security controls on the defendant's platform. The defendant argues, that the claim was to dismiss as the claims were too vague and the claim for a declaratory judgment lacked interest. The requirements for a claim for damages under Article 82 GDPR were not met since scraping was not hacking. In addition the defendant argued the loss of control alleged by the plaintiff was not sufficient. The claim is inconcise: text messages and calls from the beginning to mid-2019 described by the plaintiff are not necessarily

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Details

Ruling Date

9 June 2023

Authority

DPA LGAugsburg

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Facebook - Germany (2023). Retrieved from cookiefines.eu

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