Facebook tracks users without consent, breaks law

After Google got sued in a case by Safari users for a privacy issue, Facebook seems to have stepped into the same red zone. In a recent report by the Belgian Privacy Commission, Facebook has reportedly broken the EU law by tracking its users, even though they may not be registered or logged in.

According to RT, users who have opted out of the tracking option in Facebook, or even if they are not logged in or don’t even have a Facebook account, were being tracked by the social giant. Facebook is allegedly monitoring their users via the social plugins.

The Belgain Privacy Commission has discovered that Facebook is tracking everyone through tracking cookies and the ‘like’ button, which is found on almost all websites today. According to the EU law, all websites should receive a user’s permission or consent before placing tracking cookies in their browser. Automatically placing cookies into the user’s browser without consent is a violation of the European law, and it is the main reason why EU-based websites asks users for ‘allow cookies’ on the first visit.

Facebook automatically installs tracking cookies into a user’s browser, which helps it track the user’s browsing habits, targeting him with advertisements and alike. RT reported that, according to the report, non-users or those who opted out, Facebook was installing a special cookie called ‘datr’. The cookie contains a unique identifier and could be used to track user during every visit to a website containing a Facebook ‘like’ button.  

However, Facebook, in defense, explained that the use of cookies for logged-out accounts is a standard and lawful practice that Facebook has been using for years. Facebook also argued that the use of 'datr' is to identify and disable accounts if needed and provide extra security features.

RT’s report also mentioned ‘Facebook allegedly “explained in detail” inaccuracies in the earlier draft report after it was published directly to the Belgian DPA. The Silicon Valley giant even offered to meet the authors of the report to explain why their conclusions were “incorrect.”’

Facebook's rolled out its new policies and terms on January 30, 2015. The data usage policy states, ‘We collect information when you visit or use third-party websites and apps that use our services. This includes information about the websites and apps you visit, your use of our services on those websites and apps, as well as information the developer or publisher of the app or website provides to you or us.’

Facebook is confident that they are complying with all EU regulations with its new data usage policies. However, the policies are under investigation from the Belgian, Dutch and a German privacy authority.