Facebook, the social networking site may no longer track the internet use of Belgian users. This was the verdict that was just handed down by a Brussels interim proceedings judge. The social networking site with millions of users has been given 48 hours to comply. If this does not happen and Facebook ignores the order, a penalty will be imposed of € 250.000 per day to the Belgian Privacy committee.
When someone visits a website, usually that website places a small text file called a 'cookie' on the user' computer to make the website easier to use (language choice, shopping cart, login,...). This is allowed the judge said, on the condition that ALL cookies are erased at the end of the session.
Facebook on the other hand also places cookies that remember when a friend came by and logged in or visited a Facebook page or a page with Facebook integration (friend website), but also of chain stores, political preference etc... These cookies save all possible preferences and interests of the user. These cookies remain for up to 2 years and Facebook can consult them every time the surfer lands on a different Facebook page or a page where users can 'like' or recommend.
The interim proceedings judge has ruled that these are personal data, and can only be used if the surfer has given unambiguous specific authorization to do so", this according to Anouk Devenyns, press judge of the Brussels First instance courthouse. "When a surfer has a Facebook account, one can assume the user has given such permission, but when the surfer does NOT have a personal Facebook account, Facebook from this point on has to ask for explicit permission and give the appropriate explanation."
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"We have been using the data-cookie for over 5 years to keep Facebook safe for 1.5 billion users around the globe. We will appeal this verdict and will try to minimize disruptions for access to Facebook in Belgium.", Facebook said in a short statement.
State secretary of privacy Bart Tommelein is happy with the verdict. "That Facebook has to stop tracking and registering the internet usage of non-Facebook users, shows even a small country as ours can make a difference here", he sais through a spokesperson.
The verdict of the Interim proceedings judge proves to the secretary that the privacy law isn't just a mere piece of paper. "Facebook can no longer track the non-users and of this we're absolutely delighted", he continues. A third positive element to the secretary is that by issuing this verdict, the court finds itself qualified to so. "Facebook had previously argued that the Belgian court was unqualified to do so, but that argument has been overturned."
The verdict comes on the basis of the Belgian privacy law and as such will only be valid in Belgium. "It can however become a precedent for other privacy authorities", the cabinet of the secretary states. "In any case it shows that even major players such as Facebook have to abide by the privacy law. No privacy, no freedom."
