Facebook Legal Department Dublin
After reviewing the report in detail, we told the CPD in January 2012 that we do not believe this first report will resolve all the issues presented to them. Things that are suggested as «best practice» do not even meet the minimum standard of European data protection law. There is no sound legal reasoning and the CPD has by no means addressed all the issues in our complaints. 22 complaints. The main advantage of a complaint, as opposed to a trial, is that it only initiates a bipartisan procedure by the Irish DPC. We decided to divide the issues into small, individual complaints in order to get a better overview. It is up to the Irish Data Protection Commissioner to decide whether complaints are justified, so far the DPC has tried everything to avoid a binding legal ruling. Non-binding audit. In a first report, the Irish DPC listed many measures that Facebook must comply with in order to improve compliance with Irish and European law. At the same time, this first report does not take into account many of the issues we have raised, lacks a solid legal justification and is not binding.
As a result, we believe the non-binding «audit» brought Facebook into compliance with perhaps 10% of EU laws. We are now continuing our fight for the remaining 90% and for legally binding decisions on the 22 complaints. However, the «PRISM complaint» is still being pursued and funded by the separate NGO «europe-v-facebook.org» through previously collected donations. Ireland. Probably because Facebook enjoys tax advantages, he runs an Irish company. This means not only that Facebook saves a lot of money, but also that Irish and European data protection and consumer law applies. Because of our complaints, Facebook has made many small changes. The biggest change was that Facebook came up with a new global privacy policy.
Unfortunately, they did not stop their illegal forms of data processing, but simply enshrined them in the directive, which made the new policy worse than the old one. We started www.our-policy.org and managed to get Facebook to hold a global vote on the new policy. But because Facebook hid the vote very well, it did not make the necessary quorum binding, even though 87% voted against the changes. From a purely legal point of view, our Irish lawyer has advised us to bring a number of lawsuits against the Irish DPC, but it is impossible to deal with the large number of issues in the Irish courts. Such a procedure is not possible for a consumer either financially (€100,000) or on time (several years and countless flights to Ireland). This became clear during our «judicial review» proceedings in PRISM. The process for this single complaint will likely take 2-3 years and the financial risk could have reached a multiple of €100,000. Excessive data processing.
Facebook hosts huge amounts of personal data and processes all data for its own purposes. It seems that Facebook is a prime example of illegal «excessive processing.» After our meeting in Vienna, FB promised that we would receive various missing information in a «follow-up» document. FB broke that promise and gave us even less information than during the session. The table «all» categories of data is a copy of the pages of the Irish report. According to FB, it was the entire legal team «conveniently shared». First responses:europe-v-facebook.org (PDF)Irish DPC (PDF)Facebook comment (Link) We started with «crowd4privacy.org» to raise the funds for a possible lawsuit against a formal ODPC decision. Now, surprisingly, we have received over 200 pages of «arguments». Unfortunately, in most cases, Facebook does not address the core of our complaints, but responds with arguments that do not seem relevant to our complaints.
In many cases, Facebook «reinterprets» our complaints before responding illegitimately. Facebook takes no legal position. The law is not mentioned in one word. Factually, Facebook mainly refers to the «audit». All the evidence is still lacking, but we are still happy to be able to publish these documents now. Tagging.Tags are used without the express consent of the user. Users must «opt-out» themselves. Info: Facebook has announced changes.3. Negotiations with Facebook in Vienna (February 2012) New guidelines.
Policies are changed very frequently, users are not properly informed, they are not asked to accept new policies. Ghost profiles (Big Data). Facebook collects data about people without their knowledge. This information is used to replace existing profiles and create non-user profiles. 1. Complaints against Facebook (August and September 2011) After the CPD forced us to make a «request,» we submitted a 150-page involuntary request that summarizes the 22 complaints and the response from Facebook and the CPD. In all cases, we consider that the initial complaints are justified. Only in some cases have we seen improvement through the «audit» procedure. Pokes.Pokes are retained even if the user has «deleted» them. Facebook Phone Number Ireland +353 1442-8800 is the best contact number to contact Facebook customer service in Dublin for ads and sales assistance. Hours of operation from 10 a.m. to 5:30 p.m.
01 Pokes02 Shadow Profiles (Big Data)03 & 11 Tags & Deletion of Tags04 Sync05 Deleted Posts06 Postings on Other Users` Pages07 Messages08 & 16 Privacy Policy and Consent & Opt-Out9 Facial Recognition10 Access Requests12 Data Security13 Apps14 Deleted Friends15 Excessive Data Processing17 Like Button18 Obligations as a processor19 & 20 Images Privacy settings and deleted images21 Groups22 New policies Sudden delay for 22 complaints remainingIn a letter, the CPD suddenly informed us of a delay of 30. August to make a «ruling request», otherwise the CPD would simply make a decision without a request on this matter.