[Linuxtrent] Facebook ha il diritto di tracciare in Belgio anche chi non ha un account Facebook
- From: Cristian Consonni <kikkocristian@xxxxxxxxx>
- To: Linuxtrent <linuxtrent@xxxxxxxxxxxxx>
- Date: Sat, 2 Jul 2016 15:47:53 +0200
Ciao,
Un tribunale ha dato ragione a Facebook in una disputa con l'autorità
garante dei dati personali del Belgio. In pratica il garante aveva bloccato
la possibilità in Belgio di tracciate gli utenti non iscritti o non
loggati. Questo tracciamento avviene ramite i pulsanti "Mi
piace"/"Condividi" che si trovano su molte pagine. Il tribunale ha detto
che Facebook, essendo una società con sede a Dublino, non è soggetta alle
normative sulla privacy belghe.
Ulteriori informazioni disponibili seguito (dalla lista nexa):
---------- Messaggio inoltrato ----------
Da: "Alberto Cammozzo" <ac+nexa@xxxxxxxxxx>
Data: 02/Lug/2016 13:51
Oggetto: [nexa] Facebook wins privacy case, can now track any Belgian it
wants
A: "nexa@xxxxxxxxxxxxxxxxxxxxx" <nexa@xxxxxxxxxxxxxxxxxxxxx>
Cc:
Facebook can go back to tracking Belgians who aren't logged in or don't
have an account.
<
http://arstechnica.co.uk/tech-policy/2016/06/facebook-wins-privacy-case-against-belgiums-data-protection-authority/
In a somewhat unexpected twist, Facebook has won a legal battle against
Belgium's data protection authority, which had sought to prevent
Facebook from tracking non-Facebook (or not-logged-into-Facebook) users,
both on the Facebook website itself but also via the company's Like and
Share buttons that can be found in even the darkest depths of the known
universe.
The Brussels appeals court dismissed the case on Wednesday, saying that
the Belgian CPP (Commission for the Protection of Privacy) had no
jurisdiction over Facebook, which has its European headquarters in
Dublin, Ireland.
"We are pleased with the court's decision and look forward to bringing
all our services back online for people in Belgium," a Facebook
spokesperson said.
"Today's decision simply and purely means that the Belgian citizen
cannot obtain the protection of his private life through the courts and
tribunals when it concerns foreign actors," the CPP said in a statement.
The CPP also said that it may launch an appeal to the Belgian Court of
Cassation—the court of last resort—which in the past had overruled cases
that involved foreign company jurisdiction.
Back in November 2015, a lower court ruled in favour of the CPP and
ordered Facebook to quit tracking people who don't have a Facebook
account or who aren't currently logged into the service. If Facebook
didn't comply, it faced fines of up to €250,000 per day. Suffice it to
say, the company complied: in December, Facebook said that it had
stopped tracking Belgian visitors who were not logged in.
Further Reading
Facebook must stop tracking Belgian users within 48 hours, or be fined
€250K per day
More privacy woes for the company in the wake of Safe Harbour being
struck down.
Today's ruling is certainly a win for Facebook, but it's not the end of
the story. The initial Belgian court ruling was based on EU privacy law,
and so it's safe to assume that other national regulators will bring
cases against Facebook in due course. Two likely candidates for
following Belgian's example are the Netherlands and Germany, both of
whose data protection authorities have been part of a European task
force investigating possible violations of EU law by Facebook.
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