WIN substantial of Facebook in Italy on the face of privacy: the regional administrative court of Lazio has annulled part of the decision of the competition authority which had fined 10 million euros for the company. Not only the Tar has halved this penalty, but, above all, he proved us wrong at the Antitrust question, the most critical and delicate business of Facebook and, especially, for the privacy of the users: the one related to the sharing of data with sites and services of third parties. Conduct that is the basis of the scandal Cambridge Analytica, a company partner of Facebook who has used the data to influence election campaigns, including the american presidential of 2016).
But for Altroconsumo, where it was started the reporting to the Antitrust, it is still a victory: “The court recognizes the most important principle, that the data users have a value. A point on which we are bringing forward a class action, which two months, the Court of Milan will assess the eligibility,” says Marco Pierani , responsible relationships institutional of Altroconsumo.
Antitrust had sanctioned two pipelines deemed to be, respectively, misleading and aggressive vis-à-vis consumers. The first practice – sanctioned with € 5 million – was about the phase of user registration, and consisted in the release of information held to be unclear and incomplete. Until April 15, 2018, in fact, the user in the registration phase was not an obvious and clear call on the collection and use for commercial purposes of its own data. The tribunal has confirmed the penalty and the Antitrust about this practice.
The crucial is, however, the second (which unlike the first is still standing). Well as sanctioned with 5 million euro, concerned the mechanism of transmission of user data from the platform to the web sites/third party apps and vice versa. The Tar in substance is not of the view that Antitrust has analyzed well the operation of the system. According to the judges, “the reconstruction of the model of functioning of the mechanism of integration of the platforms listed in the measure reflects the distortions in point of fact that affect the correctness of the path of motivation followed by the Authorities”. And, in the end, the measure of Antitrust “manifests itself unlawful, by reason of the vices of a bad reconstruction of the functioning of the integration of the platforms and the absence of sufficient evidence to demonstrate the existence of a conduct suitable to condition the choices of the consumer”.
“In fact is a victory of Facebook, because it is precisely this conduct in the transfer of data to third parties is the most critical to the privacy, to the fundamental rights of users, and it’s crucial for business of social,” says Fulvio Sarzana , lawyer expert in the field. Do not agree Pierani, according to which “what matters is that the court indirectly acknowledged that data users have an economic value. It is the same legal principle at the basis of our class action that has already reached 125 thousand signatures, and with which we ask you to Facebook a damage of 285 euro for each year of membership in the social”.
“The Republic will fight always in defense of the freedom of information, to its readers and to all those who have at heart the principles of democracy and civil coexistence”
Carlo Verdelli SUBSCRIBERS TO REPUBLIC © Reproduction reserved Today on Parma, Ohio d’emilia, anticipating who wins the split between the League and sardines Reforms, it is chaos on the signatures of the parliamentarians for the referendum on the cut of the seats in Government, here’s the “heads”and guided by the Carfagna. Clash with Salvini on the remains of the Forza Italia the Other two byes in the M5. Revolt against Rousseau. “It is a foreign body Government, the M5S is open to changes on the prescription. Early in the Cdm reform process
the Republic
