Facebook operator Meta granted permission by High Court to challenge possible €430m fine

Meta also argues that the relevant State watchdog, the Data Protection Commission, acted outside its powers by widening its investigation, broadening it to all users of Facebook.

Facebook operator Meta has been granted High Court permission to challenge a possible fine of up to €430m that could be levied against the tech giant originating from a single complaint relating to personal data processing.

Meta also argues that the relevant State watchdog, the Data Protection Commission (DPC), acted outside its powers by widening its investigation, broadening it to all users of Facebook.

At the High Court this week, Ms Justice Mary Rose Gearty granted the 'ex parte' application by Meta Platforms Ireland Ltd  — where only one side is represented — to its counsel Declan McGrath, senior counsel. 

She put a stay on any possible fine being levied by the DPC until next year, when the case returns before the court.

Meta Platforms Ireland Ltd took the action against the DPC and this week was granted leave to seek judicial review against the watchdog's draft decision, which proposed a fine of between €360-430m.

The court heard a complaint was made in July 2018 by a Facebook user regarding access to personal data held by Meta in a digital warehouse termed a 'Hive'.

The complainant said he had requested access to what personal data was stored by Meta through his Facebook account and was, in response, furnished by Meta with online "tools" to assist downloading his information. 

He claimed, however, there was remaining personal data left unsent, to which he should have access.

Meta Ireland, with an address at Merrion Rd, Dublin, is asking the court to quash the 'preliminary draft decision' by the DPC, dated October 10. 

It is seeking a declaration from the court that the data watchdog acted beyond its powers in expanding the scope of its inquiry beyond the individual's complaint into a wider, 'own-volition' inquiry by the commission.

In submissions to the court, Meta claims that the DPC took a view that the request by the complainant had a "general application", in that similar considerations over data "could" arise for many other Facebook users.

It is submitted by Meta that the DPC communicated to the company "that this was a situation in which the complainant was requesting the data in order to have a full understanding of it, and in which the provision of the data in raw format would be required to enable him to be aware of the context in which it was being processed".

Meta further submits the DPC notified that the complainant outlined the "raw data stored exclusively in 'Hive' was necessary for him to be able to ascertain whether several websites he had used, including websites selling medical products, had shared his browsing history".

"The DPC considers that these users were not able, in a similar manner to the complainant, to exercise their [GDPR] rights, or exercise control over their personal data," it is submitted by Meta.

Ms Justice Gearty granted the application to Meta for the judicial review and put a stay on the DPC-indicated findings, pending the outcome of the case. The judge then adjourned the proceedings to January.