Meta Platforms Ireland, formerly Facebook Ireland, is seeking a High Court case to overturn a record €405m fine for breaching children’s privacy on its Instagram service.
Last September, the government’s data protection agency, the Data Protection Commission (DPC), fined GDPR violations, which automatically blocked cell phone numbers and email addresses of teenage Instagram users under the default settings of the company’s “business account” service app were released. This default setting has since been changed by Instagram.
Meta claims the DPC decision violates the EU Charter of Fundamental Rights and is therefore invalid.
It is asking for a range of explanations from the High Court, including that certain parts of the Data Protection Act 2018, under which the fines were imposed, are invalid under the Constitution and incompatible with the European Convention on Human Rights.
It is also demanding that the hearing of its High Court case be heard “other than in public”.
Meta says it intends to ask the EU’s Court of Justice to overturn a decision by the European Data Protection Board (EDPB) which had instructed the Irish DPC to ensure the fines imposed were “effective, proportionate and dissuasive”. The DPC is the lead regulator in the EU, as Meta has its European headquarters in Dublin, while the EDPB coordinates the work of national and regional data regulators in the EU and a handful of countries outside the Union.
Judge Charles Meenan adjourned the case until January.
https://www.independent.ie/business/irish/meta-seeks-to-quash-405m-data-fine-handed-out-to-instagram-in-irish-court-action-42144297.html Meta seeks to overturn Instagram’s €405 million data penalty in Irish court case