Facebook is now free to track users’ internet activity regardless of whether they are signed into the social network after a Brussels appeals court dismissed an earlier ruling banning the practice.
The Belgian Commission for the Protection of Privacy implemented a rule forbidding Facebook from tracking users’ behavior — such as engagement, likes, and shares — via cookies in browser plugins that collect data even if the user isn’t logged in. Facebook faced a €250,000 (now approximately $277,500) daily penalty for continuing the practice.
Facebook originally obliged to the Belgian CPP’s rule, which was based on the European Union’s anti-data tracking privacy law, but then lost its court challenge on the matter.
Today’s decision simply and purely means that the Belgian citizen cannot obtain the protection of his private life through the courts.
In Thursday’s ruling, the Brussels appellate court ruled the agency didn’t have jurisdiction to institute a rule regarding Facebook’s operations, which has its European headquarters in Dublin.
The CPP responded to the decision in a statement saying, “Today’s decision simply and purely means that the Belgian citizen cannot obtain the protection of his private life through the courts and tribunals when it concerns foreign actors.”
Facebook lauded the court ruling as a win for Belgians who can now have a fuller, restored Facebook experience: “We are pleased with the court’s decision and look forward to bringing all our services back online for people in Belgium,” a Facebook spokesperson told ArsTechnica.
The social network and other tech giants have been in numerous legal battles in the E.U. over privacy concerns. Facebook particularly has been targeted for its privacy policies including its “real name” requirement, which was challenged in Germany for invading individual rights to pseudonymity.
Facebook has repeatedly fought these criticisms, with Facebook’s public policy director in Europe Richard Allan implying the E.U.’s privacy laws were burdensome and would force the company to cut back its services in European countries.
Belgian Citizens Lose Right To Not Be Tracked By FacebookFacebook is now free to track users’ internet activity regardless of whether they are signed into the social network…thinkprogress.orgIn a Financial Times op-ed last year, Allan wrote, “Facebook’s costs would increase, and people in Europe would notice new features arriving more slowly, or not at all. The biggest victims would be smaller European companies. The next big thing might never see the light of day.”
Thursday’s court decision seems to temper those concerns, but doesn’t prevent Belgium or the E.U. from taking further action. The Netherlands and Germany are primed to make their own challenges to Facebook’s user tracking practices, ArsTechnica reported. And, as always, individuals could come forward with their own complaints.