Home Ad Exchange News Facebook Bites Back At Updated EU Privacy Report

Facebook Bites Back At Updated EU Privacy Report

SHARE:

blgFacebook violates EU law by tracking users for targeted advertising, a European privacy panel said Tuesday.

The report was commissioned by the Belgian Privacy Commission, which sits under the EU’s European Commission, and is an updated version of an initial draft that surfaced in February. A key development of the update claims that Facebook cookies the browsers of any person that visits its site, including those without Facebook accounts and those who have specifically opted out of tracking in the EU.

The report was co-authored by the Centre of Interdisciplinary Law and ICT and the Computer Security and Industrial Cryptography department at the University of Leuven in Brussels, and the media, information and telecommunication department at Vrije Universiteit in Brussels.

While Facebook responded to an initial draft of the report in February by stating to The Guardian that it’s “confident [Facebook’s revised terms] comply with applicable laws,” it attacked the latest findings.

“This report contains factual inaccuracies,” Facebook said in a statement emailed to AdExchanger. “The authors have never contacted us, nor sought to clarify any assumptions upon which their report is based. Neither did they invite our comment on the report before making it public.

“We have explained in detail the inaccuracies in the earlier draft report (after it was published) directly to the Belgian DPA, who we understand commissioned it, and have offered to meet with them to explain why it is incorrect, but they have declined to meet or engage with us. However, we remain willing to engage with them and hope they will be prepared to update their work in due course.”

The report concedes that although Facebook shares high-level information about tracking practices with its users, its tracking capabilities have increased and that the collection and application of that tracking data violates an EU privacy doctrine that requires informed user consent before companies store or collect information about an individual’s device.

“Facebook’s tracking capabilities have expanded mainly through the spread of social-plugins (like buttons) and through new forms of mobile tracking,” the report claims.

According to the researchers, these plugins sit on more than 13 million sites and detect an Internet browser’s cookies, sending that tracking data back to Facebook – even if the user is not registered with Facebook and didn’t click “Like.”

The report also argues Facebook’s opt-out option is ambiguous and unclear.

“[Facebook] does not walk users through the settings for vis-à-vis advertising or access by third-party application providers,” the authors wrote, adding that this approach “does not meet the requirements for legally valid consent.”

EU consumer privacy concerns tend to be more stringent than those in the US. While most privacy advocates tend to sic their watchdogs on Google, Facebook has largely gone unnoticed – until now.

This latest report could signal that Facebook is no longer invisible and that it’s worth wondering if a trickle-down effect is in play.

One theory is that regulators will continue to crack down on the largest firms before the long arm of EU law reaches smaller companies.

Must Read

Northbeam Adds The Third Leg Of The Attribution Stool With Incrementality Testing

There’s MMM and MTA, but no single ad measurement works for brands with multiple points of sale. On Tuesday, Northbeam launched an incrementality tool to complete what it calls “the trifecta of digital attribution.”

Comic: The Great Online Privacy Battle

What Regulators Talk About When They Talk About Ad Tech

If you want to know what privacy regulators think about online advertising, it’s not a mystery. Just listen to what they’re saying.

Keyword Blocking Demonetized More Than Half Of Reuters’ Brand-Safe Stories

The effect wasn’t just limited to news content. The Reuters.com/lifestyle vertical also had some of its brand-suitable pages blocked.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters

The Agentic Marketplace Is Here. Where Does That Leave DSPs and SSPs?

Swivel and Olyzon’s new partnership brings buy-side and sell-side agents together as early examples of an agentic marketplace.

Comic: Causal Meets Casual

Jones Road Beauty Is Using A New Type Of MMM To Reset Its Media Measurement

Inside how Jones Road Beauty is trying to turn messy, conflicting measurement signals into a single testing roadmap for its media mix.

Comic: America's Mext Top AI Model

AI Is Moving Fast. The Law, Not So Much

IAPP’s Global Summit in DC was a reminder that AI is moving fast – and judges, privacy lawyers and practitioner are racing to keep up.