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Meta Platforms Ireland, formerly Facebook Ireland, is seeking High Court action to overturn a record €405m in fines for breaching children’s privacy on its service Instagram.
In September, the Government’s privacy regulator, the Data Protection Commission (DPC), issued a fine for breaching the GDPR in which the mobile phone numbers and email addresses of young Instagram users were automatically published under default settings on the app’s “business account” service. This default setting has been changed by Instagram.
Meta argues that 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 hearing of its proceedings by the High Court apart from the public”.
According to Meta, he also intends to apply to the Court of Justice of the EU to overturn the decision of the European Data Protection Board (EDPB) which ordered Ireland’s DPC to ensure “a effective, proportionate and dispositive” 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 was adjourned until January by Judge Charles Meenan.
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