UPDATED 13:10 EDT / MAY 15 2015

Facebook CEO Mark Zuckerberg At F8 NEWS

Belgian privacy watchdog says Facebook ‘tramples on’ European law

Belgium’s Privacy Protection Commission has accused Facebook Inc of treating users’ privacy “with contempt” and being uncooperative when it comes to the commission’s investigation of the social media company’s privacy policies.

“Facebook tramples on European and Belgian privacy laws,” the Belgian commission said in a statement after publishing a report on the changes Facebook had made to its privacy policies in January.

The commission had initially enlisted the help of academics from the Catholic University of Leuven and the Free University of Brussels to analyze Facebook’s policies, the academics concluded that the policies were both insufficient and, in some cases, not compliant with EU law.

“Much of the [Data Use Policy] consists of hypothetical and vague language rather than clear statements regarding the actual use of data,” the committee’s report said at the time. “Facebook leverages its dominant position on the OSN market to legitimise the tracking of individuals’ behaviour across services and devices.”

Crossing internet borders

 

The main source of the conflict between Facebook and Belgian authorities involves the ambiguous authority and jurisdiction of EU countries. Facebook claims that because its European headquarters is located in Ireland, it is only subject to the privacy laws of that country. Earlier this year, a Facebook spokesperson said that the company reviews “product and policy updates ­… with our regulator, the Irish Data Protection Commissioner.”

A Facebook spokesperson recently echoed those statements in light of the Belgian commission’s latest findings, saying, “The applicability of the [Belgian regulator’s] efforts is unclear, but we will of course review the recommendations when we receive them with our European regulator, the Irish Data Protection Commissioner.”

But the Belgian commission is undeterred by Facebook’s jurisdiction claims, and the watchdog’s report explicitly stated, “There is not a shadow of doubt on the applicability of the Belgian privacy legislation.”

Willem Debeuckelaere, president of the Privacy Commission, says that Facebook’s privacy violations are a serious concern for its users. “The way in which [Facebook] is contemptuous of the private lives of its members and of all Internet users demands action,” Debeuckelaere said. He added that “it’s make or break time” for Facebook.


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