Meta – Dismissed (Belgium, 2023)

Dismissed
Autorité de Protection des Données17 March 2023Belgium
final
Dismissed

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

The Belgian Data Protection Authority dismissed complaints against Meta regarding a suspected data leak affecting 3 million Belgian Facebook users. The investigation found that Meta's default settings could lead to data scraping, but no action was taken. This case shows the complexity of cross-border data protection issues.

What happened

Complaints against Meta about a suspected data leak affecting Belgian Facebook users were dismissed.

Who was affected

Belgian Facebook users whose data might have been exposed through default settings.

What the authority found

The Belgian DPA did not take action against Meta, despite concerns about data scraping risks due to default settings.

Why this matters

This case illustrates the challenges in holding companies accountable for data protection across borders and highlights the need for clear risk assessments.

GDPR Articles Cited

Art. 32 GDPR
Art. 33 GDPR
Art. 34 GDPR
Art. 60 GDPR
Art. 25(1) GDPR
Art. 25(2) GDPR
Full Legal Summary
Detailed

The controller in this case was Meta Platforms Technologies Ireland Limited (hereafter Meta). Following a suspected data leakage concerning around 3,000,000 Belgian Facebook users, on 7 April 2021, the Belgian DPA called on Belgian citizens to check on the website https://benikerbij.be whether their data were part of the data leakage and if necessary to lodge a complaint with the DPA. Following this call, 1,113 complaints were lodged. On 14 April 2021, the Irish DPC opened its “own volition inquiry” to determine whether Meta complied with its privacy obligations with the functionalities Facebook Search, Facebook Contact Importer, Messenger Contact and Instagram Contact. On 29 July 2021, the Irish DPC was notified of the existence of complaints regarding the events under investigation with the Belgian DPA. In September 2022, under Article 60(3) GDPR, the DPC submitted a draft decision to various DPA’s, including the Belgian one who communicated their objections. In particular, in contrast to what the DPC had held, the Belgian DPA considered that data scraping should have been considered a data breach and that Meta had a duty to inform its users of the data leakage. On 25 November 2022, the DPC adopted its [https://www.dataprotection.ie/sites/default/files/uploads/2022-12/Final%20Decision_IN-21-4-2_Redacted.pdf final decision]. Its investigation revealed that in the Facebook search tool, the default settings allowed all users to find each other's profiles via their phone numbers or email addresses (with a possibility to deactivate it manually). It therefore concluded that there was a strong risk that the phone numbers and email addresses would be scraped and linked to the identity of their owners. It also held that after the leakage, Meta did not implement adequate technical and organizational measures and failed to demonstrate that it had conducted a risk analysis. Therefore, the DPC found a violation of Article 25(1), 25(2), 5(1)(b) and 5(1)(f) GDPR, ordered

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for Meta in BE

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

17 March 2023

Authority

Autorité de Protection des Données

GDPRhub ID

gdprhub-5759

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Meta - Belgium (2023). Retrieved from cookiefines.eu

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