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Niall Carson/Press Association Images

Belgian court tells Facebook to stop tracking non-members or else

If it fails to comply, it will risk fines of up to €250,000 a day.

A Belgian court on Monday gave Facebook 48 hours to stop tracking internet users who do not have accounts with the US social media giant, or risk fines of up to €250,000 a day.

The order follows a case lodged by Belgium’s privacy watchdog in June which said Facebook indiscriminately tracks internet users when they visit pages on the site or click “like” or “share”, even if they are not members, the court said.

Facebook said it would appeal against the decision.

“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.

“If Facebook ignores this order it must pay a fine of €250,000 a day to the Belgian Privacy Commission”.

The Belgian court decision is the latest legal setback for Facebook in Europe.

Last month the EU’s top court ruled, on the basis of a complaint against Facebook, that the EU-US Safe Harbour deal allowing firms to transfer Europeans’ personal information to the United States was “invalid” because it did not properly protect the data from spy agencies.

Facebook UK corporation tax Facebook uses what's called a datr cookie to track users who visit Facebook pages, even if they're not a member. Dominic Lipinski / Press Association Images Dominic Lipinski / Press Association Images / Press Association Images

In Monday’s decision, the Belgian court said Facebook uses a special cookie that lodges on an internet user’s device if they visit a Facebook page, for example belonging to a friend, a shop or a political party – even if they are not signed up to the network.

The cookie then stays on their device for up to two years and allows Facebook to consult it whenever the user pays further visits to Facebook pages, or to any page where they can like or recommend via a Facebook link.

“The judge ruled that this is personal data, which Facebook can only use if the internet user expressly gives their consent, as Belgian privacy law dictates,” the statement said.

Facebook said the cookie – which it calls the datr cookie – was safe.

“We’ve used the datr cookie for more than five years to keep Facebook secure for 1.5 billion people around the world,” a spokesman said in a statement emailed to AFP.

“We will appeal this decision and are working to minimize any disruption to people’s access to Facebook in Belgium.”

© AFP 2015.

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    Mute Marc Power
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    Jan 12th 2018, 7:07 PM

    Best not to say how old you are. The government will probably find a way to demand more tax

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    Mute David Huston
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    Jan 12th 2018, 7:24 PM

    @Marc Power: Agreed, They want us plebs to work until 70 while they swan off at 50 with numerous pensions and directorships.

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    Mute Kerry Blake
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    Jan 12th 2018, 7:26 PM

    @Marc Power: In fairness Marc they do need to know how many extra trolleys to order for our hospitals…………..

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    Mute P.J. Nolan
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    Jan 12th 2018, 7:50 PM

    @David Huston:
    Once again, since about 2011 a government minister cannot receive more than one pension related to the highest position they attained and not until they get to normal retirement age.
    Directorships are a matter for a company and not paid for the taxpayer.
    Maybe you didn’t know but it seems a lot of commenters throw out statements like yours, a flat out lie, in the hope it cons a few “plebs”

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    Mute Sean
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    Jan 13th 2018, 7:09 PM

    @P.J. Nolan: Enda Kenny’s pension pot would have cost a private sector worker €5.2 million. Excessive by any standards.

    https://www.irishtimes.com/business/financial-services/public-sector-pensions-worth-millions-new-figures-show-1.3143604

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    Mute P.J. Nolan
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    Jan 14th 2018, 1:52 AM

    @Sean:
    Agreed, his pension is related to his salary and that salary was too high.

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    Mute TheBluffmaster2
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    Jan 12th 2018, 7:14 PM

    might reach the 100-and get the cheque from the government.

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    Mute Jonathan Power
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    Jan 12th 2018, 7:18 PM

    @TheBluffmaster2: it would probably bounce frame it instead

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    Mute Kerry Blake
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    Jan 12th 2018, 7:24 PM

    @Jonathan Power: I’d frame it, Might be worth something in a thousand years all going well……

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    Mute TheBluffmaster2
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    Jan 12th 2018, 7:33 PM

    @Jonathan Power: well I don’t think Michael D will be giving it to me anyway.

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    Mute B.J.Elmes
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    Jan 13th 2018, 7:12 PM

    While Nanny State says No Smoking! No Drinking! No Gambling! No Drugs! Just DIE as we can’t afford you to live beyond you’re TAXABLE Years.

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    Mute sean o'dhubhghaill
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    Jan 13th 2018, 9:34 PM

    @B.J.Elmes: No Gambling? No Drinking? What State do you live in?

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    Mute Mark Carroll
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    Jan 13th 2018, 7:40 PM

    healthy life years??? tbh there’s nothing healthy about society these days,,, you’ll have 120 year olds addicted to social media etc when the average human age reaches that, IF it does!!!

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