Meta Platforms Ireland Limited: Non-compliance with general data processing principles

Data Protection Commission announces conclusion of two inquiries into Meta Ireland 04th January 2023 The Data Protection Commission (DPC) has today announced the conclusion of two inquiries into the data processing operations of Meta Platforms Ireland Limited (“Meta Ireland”) in connection with the delivery of its Facebook and Instagram services. (Meta Ireland was previously known as Facebook Ireland Limited). Final decisions have now been made by the DPC in which it has fined Meta Ireland €210 million (for breaches of the GDPR relating to its Facebook service), and €180 million (for breaches in relation to its Instagram service). Meta Ireland has also been directed to bring its data processing operations into compliance within a period of 3 months. The inquiries concerned two complaints about the Facebook and Instagram services, each one raising the same basic issues. One complaint was made by an Austrian data subject (in relation to Facebook); the other was made by a Belgian data subject (in relation to Instagram). The complaints were made on 25 May 2018, the date on which the GDPR came into operation. In advance of 25 May 2018, Meta Ireland had changed the Terms of Service for its Facebook and Instagram services. It also flagged the fact that it was changing the legal basis on which it relies to legitimise its processing of users’ personal data. (Under Article 6 of the GDPR, data processing is lawful only if and to the extent that it complies with one of six identified legal bases). Having previously relied on the consent of users to the processing of their personal data in the context of the delivery of the Facebook’s and Instagram’s services (including behavioural advertising), Meta Ireland now sought to rely on the “contract” legal basis for most (but not all) of its processing operations. If they wished to continue to have access to the Facebook and Instagram services following the introduction of the GDPR, existing (and new) users were asked to click “I accept” to indicate their acceptance of the updated Terms of Service. (The services would not be accessible if users declined to do so). Meta Ireland considered that, on accepting the updated Terms of Service, a contract was entered into between Meta Ireland and the user. It also took the position that the processing of users’ data in connection with the delivery of its Facebook and Instagram services was necessary for the performance of that contract, to include the provision of personalised services and behavioural advertising, so that such processing operations were lawful by reference to Article 6(1)(b) of the GDPR (the “contract” legal basis for processing). The complainants contended that, contrary to Meta Ireland’s stated position, Meta Ireland was in fact still looking to rely on consent to provide a lawful basis for its processing of users’ data. They argued that, by making the accessibility of its services conditional on users accepting the updated Terms of Service, Meta Ireland was in fact “forcing” them to consent to the processing of their personal