Belgian Privacy Commission takes Facebook to court over privacy
Social media giant dismisses case as 'theatrical actions' with 'no merit'
Belgium's Privacy Commission is taking Facebook to court, accusing the social media giant of breaking European privacy laws in the way it tracks users and even those who do not have a Facebook account.
The action represents the first time a national privacy watchdog has sued Facebook for not complying with privacy legislation and regulation.
"It's not because we want to start a lawsuit over this, but we cannot continue to negotiate through other means," Willem Debeuckelaere, president of the Belgian Privacy Commission, told Belgian publication DeMorgen.
Debeuckelaere added that the action is "chiefly aimed at protecting internet users who are not Facebook members".
The basis for the case is set out in a report by the Privacy Commission which was published earlier this year. The research suggests that Facebook tracks user activities on non-Facebook websites by default, unless the Facebook user actively opts out of the scheme.
"According to the Article 29 Working Party, consent cannot be inferred from the data subject's inaction with regard to behavioural marketing. As a result, Facebook's opt-out system for advertising does not meet the requirements for legally valid consent. In addition, opt-outs for Sponsored Stories or collection of location data are simply not provided," the document states.
The lawsuit will be heard in a Brussels court later this week and should the court find in favour of the privacy watchdog, it could have implications for Facebook across Europe.
Facebook has expressed its disappointment in being taken to court by the Belgian authorities, accusing them of "theatrical actions" which had "no merit".
"We were surprised and disappointed that, after the [Belgian Privacy Commission] had already agreed to meet with us on 19 June to discuss its recommendations, it took the theatrical action of bringing Facebook Belgium to court on the day beforehand," said a statement.
"Although we are confident that there is no merit to the [Belgian Privacy Commission's] case, we remain happy to work with it in an effort to resolve its concerns, through a dialogue with us at Facebook Ireland and with our regulator, the Irish data protection commissioner," Facebook added.
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