Regulatory wrangling results in a huge new fine over Facebook and Instagram data handling, even as Meta vows to appeal and EU data protection groups prepare for a court battle. Credit: Meta The Irish Data Protection Commission announced Wednesday that it would fine Meta Ireland a total of $413 million for breaches of the EU’s GDPR (General Data Protection Regulation) related to the company’s handling of personal information on Facebook and Instagram. Under the GDPR, companies looking to process users’ personal information must do so under one of six identified legal bases, which include the consent of the user, necessity to the performance of a contract, and necessity to comply with a legal obligation. Meta, in response to the original user complaints filed under the GPDR in 2018, stated that it would rely on the “contract” justification, rather than the “consent” prong, as it had previously done. (The complaints argued that, by requiring users to agree to Meta’s use of personal information for ad targeting purposes, the company wasn’t offering users any real choice in the matter.) The Irish DPC’s initial investigation, that regulator said, didn’t find any fault in the company’s decision, but fined Meta instead for failing to provide a clear explanation of the legal basis required to its users. As part of the procedure required by the GDPR, however, the DPC’s peer organizations reviewed the draft decisions against Meta and argued that the “contract” basis for data processing was legally problematic, saying that the provision of personalized advertising wasn’t necessary, as a matter of law, to the fulfillment of the contract entered into by Meta and its users. The DPC said Wednesday that it disagreed with this, but that the structure of the GDPR — specifically, the required review by the European Data Protection Board — required it to amend its earlier decisions to reflect the idea that Meta cannot rely on the “contract” justification for its processing of personal information, and amended its proposed fines accordingly. The DPC pushed back, however, against the Data Protection Board’s instruction that the Irish data regulator conduct fresh investigations into Facebook and Instagram data processing, saying that the EDPB doesn’t have the authority to do that. The group said it would file a complaint with the European Court of Justice to forestall new investigations, arguing that the instructions amount to overreach by the EDPB. Meta, separately, expressed “disappointment” with the decisions in a public statement, and said that it will appeal “both the substance of the rulings and the fines.” While the DPC’s decisions outline a three-month timeline for the company to comply with the new rulings, the pending legal action could drag the process out far longer. Related content news analysis Apple earnings: About that iPhone 'slump' in China Based on information from Thursday's earnings report, it seems that data pointing to an iPhone slump in China were over-baked. By Jonny Evans May 03, 2024 9 mins iMac iPhone Apple news Microsoft begins to phase out ‘classic’ Teams Microsoft is encouraging Teams customers to move to the new, faster version of the collaboration app; the older version will be switched off next year. By Matthew Finnegan May 03, 2024 3 mins Microsoft Teams Collaboration Software Productivity Software news analysis Apple confirms it will open up the iPad in Europe this fall The latest efforts to comply with Europe’s Digital Markets Act mean developers can offer to side load apps to both iPhones and iPads in the EU. Apple has also taken steps to improve what it offers to smaller and non-commercial developers in the By Jonny Evans May 02, 2024 6 mins iPad Apple Mobile Apps news Udacity offers laid-off US workers free access to its courses for 30 days Sign-ups will be available over the next 30 days By Lucas Mearian May 02, 2024 4 mins Technology Industry IT Jobs IT Skills Podcasts Videos Resources Events SUBSCRIBE TO OUR NEWSLETTER From our editors straight to your inbox Get started by entering your email address below. Please enter a valid email address Subscribe