Belgium orders Facebook to stop tracking users who aren’t logged in

Facebook spokeswoman Sally Aldous released a statement promising that the company would appeal the court ruling.

A Belgian court told Facebook on Monday (9 November) it should stop tracking Belgians who aren’t a member of the social networking site, or pay a daily penalty of €250,000 for as long as the practice continues.

Facebook said it would appeal against the decision. Earlier this year the president of the Privacy Commission said the company’s use of personal data was “disrespectful” and needed “tackling”.

“If the [Internet] surfer has a Facebook account, one may assume that he has given this consent, but if the surfer has no Facebook account, then Facebook has to explicitly ask for permission, and give the required explanation”, spokesperson Anouk Devenyns said.

If users “like” or share a Facebook page, they also have a cookie installed in their browser, whether or not they are logged in or have an account with the company.

Belgium’s privacy watchdog had sued Menlo Park, Calif.-based Facebook for failing to respond to its demands to bring its privacy policy in line with local laws.

The decision comes following a tough year for Facebook in Europe. The ruling said that the “safe harbor” deal offered room for USA authorities to potentially interfere with user rights and there were insufficient protections in place to ensure that interference wouldn’t happen.

“Today the judge… ordered the social network Facebook to stop tracking and registering Internet usage by people who surf the internet in Belgium, in the 48 hours which follow this statement”, the court said.

Facebook had argued it is only subject to privacy laws in Ireland, where the USA company has its European headquarters – an argument it has used in other countries, including in Germany.