New York (The Verge) — Sites could be liable for helping Facebook secretly track your web browsing, says EU court theverge.com/2019/7/29/8934….
The EU’s top court has ruled that website owners can be held liable for transmitting data to Facebook via embedded ‘Like’ widgets without users’ consent, potentially requiring changes to social media widgets.
The ruling doesn’t stop Facebook, or other companies with similar widgets, from offering these options. But sites must obtain consent from users before sending data to Facebook, unless they can demonstrate a “legitimate interest” in doing otherwise. Right now, data gets seemingly sent to Facebook as the page loads — before users have a chance to opt out. So in the future, sites might have to approach Like buttons differently.
The case involves a Germany clothing retailer Fashion ID, which was sued for sending users’ personal data to Facebook. The court found that Fashion ID wasn’t a “controller” of the data once Facebook had obtained it, but it could be considered responsible for its role in transmitting that data. “Fashion ID’s embedding of the Facebook ‘Like’ button on its website allows it to optimize the publicity for its goods by making them more visible on the Facebook social network,” says a press release. Therefore, Fashion ID had at least implicitly consented to collecting and transmitting personal data “in order to benefit from that commercial advantage.” — Adi Robertson/@verge