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Meta Platforms Ireland Ltd, formerly Facebook Ireland, is seeking High Court action to overturn a record €405 million in fines for breaching children’s privacy on his Instagram service.
in September, the Data Protection Commission (DPC) issued a fine for breaching the GDPR that automatically generated mobile phone numbers and email addresses of young Instagram users under default settings on the app’s “business account” service. This default setting has been changed by Instagram.
Meta, which also owns WhatsApp, says the DPC’s decision violates the EU’s Charter of Fundamental Rights and is therefore invalid.
He is seeking several declarations by the High Court including that certain sections of the Data Protection Act 2018, under which the fines were imposed, are invalid under the Act and not like the European Convention on Human Rights.
It also seeks to “hear the trial of his actions by the High Court apart from the public”.
According to Meta, he also intends to apply to the Court of Justice of the EU for the annulment of the decision of the European Data Protection Board (EDPB) which ordered the DPC of Ireland to prepare a ” fair, equitable and exculpatory” fines imposed. The DPC is the main supervisory authority in the EU as Meta has its European headquarters in Dublin while the EDPB coordinates the work of national and local data controllers in the EU and some countries outside the union.
The case for the DPC, Ireland and the Attorney General, was briefed before Mr Justice Charles Meenan on Monday by Declan McGrath SC, representing Meta in a one-sided application.
The judge said Mr McGrath’s application for permission to carry out work on the project was open to the deadline for judicial reviews. He postponed the request until January.
In his action, Meta claims that the decision of the DPC is illegal, vitiated by errors of law and/or outside of its jurisdiction because its original decision was modified based on the decision of the EDPB. It says that the DPC erred in treating the EDPB’s “non-binding opinion” as binding.
The DPC also took into account unfounded opinions, i.e. opinions expressed by other European data controllers that Meta said “were not expressed with reasonable suspicion and consideration”.
There was also, according to Meta, a breach of due process by the DPC and the EDPB as well as the failure of both bodies to consider the expert evidence provided by the social media company.
The DPC also failed to provide adequate reasons for the decision, Meta said.
It also claims an error of assessment in its “misinterpretation and misuse” of certain articles of the GDPR rules.
Meta confirmed last week that it is cutting 11,000 jobs across its 87,000-strong global operations, with around 350 jobs going to Ireland.
The company – formerly Facebook Inc – said it would cut 13% of its global workforce, but has not yet publicly announced how many jobs will go to Ireland.
However, it is known from sources that 350 jobs are set to be cut out of 3,000 Irish employees.
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