Temporary Ban on Behavioral Advertising on Facebook and Instagram

The Norwegian Data Protection Authority (“Authority”) has imposed a temporary ban on Meta (formerly known as Facebook) from conducting behavioral advertising in Norway. The ban is in response to Meta's surveillance and profiling of users on its Facebook and Instagram platforms.

Meta tracks users' activities, interests, and content they engage with to create personal profiles used for targeted marketing. The Authority deems this practice illegal and has implemented the ban until at least October to protect user privacy and data rights in Norway.

Last year, the Irish Data Protection Commission found Meta (formerly Facebook) guilty of conducting illegal behavioral advertising, a decision representing all data protection authorities in the European Economic Area (“EEA”).

Despite some changes by Meta, a recent ruling from the Court of Justice of the European Union confirmed that their behavioral advertising still violates the law. In response, the Authority is taking action by imposing a temporary ban on Meta's behavioral advertising in Norway.

The ban will be in effect from August 4 for three months, or until Meta demonstrates compliance with the law. Failure to comply could result in a daily coercive fine of up to one million Norwegian Krone (“NOK”). The ban solely affects users in Norway.

A significant portion of the adult Norwegian population uses social media, with 82% having Facebook accounts and 65% having Instagram accounts. The Norwegian Data Protection Authority's decision does not ban Facebook or Instagram in Norway; instead, it aims to ensure the secure use of these platforms while safeguarding users' rights.

The ban doesn't extend to all personalized advertising; Meta can still target ads based on user-provided information like location, gender, age, and interests with valid consent. However, all business models must respect privacy as a human right, giving users sufficient control over their data, and limiting tracking practices, according to Tobias Judin, Head of International at the Authority.

Meta, the company behind Facebook and Instagram, possesses extensive data on Norwegians, including sensitive information. The tracking and profiling on these platforms allow for detailed insights into users' private lives, personalities, and interests. This invasive commercial surveillance poses a significant risk to data protection on the internet, according to Tobias Judin.

The process of selecting ads also affects freedom of expression and information, potentially reinforcing stereotypes and leading to unfair discrimination. The use of behavioral advertising in political campaigns is especially concerning for democracy. As tracking remains hidden, it is challenging for most people to comprehend, and vulnerable groups like children, the elderly, and individuals with cognitive disabilities need extra protection while using Facebook and Instagram.

The Authority can directly intervene against Meta despite its European headquarters being in Dublin. They have issued a decision valid for three months, as urgent action is necessary since Meta has not complied with previous rulings. Failure to act would perpetually violate the data protection rights of most Norwegians. The matter may be escalated to the European Data Protection Board after the summer for a potential extension of the decision.

Meta has expressed disagreement with the Authority's assessments and can challenge the decision in the Oslo District Court.

You can find further information here.

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr