Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/04/2023

Subject: According to the Court, the mere fact that a user visits websites or apps that may reveal “sensitive” information does not in any way mean that the user manifestly makes public his or her data,. In addition, the same applies where a user enters information into such websites or apps or where he or she clicks or taps on buttons, unless he or she has explicitly made the choice beforehand to make the data relating to him or her publicly accessible to an unlimited number of persons. As regards more generally the processing operation carried out by Meta Platforms Ireland, including the processing of ‘non-sensitive’ data, the Court finds that the need for the performance of the contract to which the data subject is party may justify the practice at issue only on condition that the data processing is objectively indispensable such that the main subject matter of the contract cannot be achieved if the processing in question does not occur. The Court expresses doubts as to whether personalised content or the consistent and seamless use of the Meta group’s own services are capable of fulfilling those criteria. Moreover, according to the Court, the personalised advertising by which the online social network Facebook finances its activity, cannot justify, as a legitimate interest pursued by Meta Platforms Ireland, the processing of the data at issue, in the absence of the data subject’s consent. Lastly, the Court notes that the fact that the operator of an online social network, as controller, holds a dominant position on the social network market does not, as such, prevent its users from validly giving their consent, within the meaning of Regulation (EU) 2016/679, to the processing of their personal data by that operator. However, since that position is liable to affect the freedom of choice of those users and create a clear imbalance between them and the data controller, it constitutes an important factor in determining whether the consent was in fact validly and, in particular, freely given

Parties: Meta Platforms e a. (Conditions générales d’utilisation d’un réseau social)

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access

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