What you need to know
- Microsoft-owned LinkedIn faces a €310 million ($334 million) fine by the European Union for violating data processing laws.
- The GDPR violations fall under Article 5 and Article 6, which require personal data to be handled in a lawful manner that protects people’s privacy.
- The decision results in LinkedIn receiving a reprimand, a fine of €310 million ($334 million), and an order to the company to bring data processing into compliance.
As a seasoned researcher with a keen interest in data privacy and technology, I find it disheartening yet encouraging to see companies like LinkedIn being held accountable for their actions. It is always disappointing to learn that such prominent platforms, which are integral parts of our digital lives, have been found to be in violation of fundamental rights to privacy. However, the fine imposed by the European Union serves as a reminder that no organization is above the law, and it instills hope that stricter measures are being taken to protect individuals’ personal data.
LinkedIn, which is owned by Microsoft, was fined €310 million ($334 million) by the European Union (EU) due to breaches of data protection regulations. Additionally, they were given a warning and instructed to rectify their methods of handling data. This investigation was primarily focused on LinkedIn’s use of personal data for purposes such as behavioral analysis and targeted advertising towards users who have created profiles on the platform.
This week, I, an observer, witnessed a notification being sent out by Dr Des Hogan and Dale Sunderland, two commissioners for data protection, to LinkedIn regarding their decision.
According to DPC Deputy Commissioner Graham Doyle, it’s crucial that data processing follows legal guidelines because this forms the backbone of data protection law. Processing personal information without proper legal authorization is a clear and significant breach of an individual’s fundamental right to privacy.
Specifically, the decision notes the following infringements of GDPR:
- Article 6 GDPR and Article 5 GDPR, insofar as it requires the processing of personal data to be lawful, as LinkedIn:
- Did not validly rely on Article 6 GDPR (consent) to process third party data of its members for the purpose of [behavioral] analysis and targeted advertising on the basis that the consent obtained by LinkedIn was not freely given, sufficiently informed or specific, or unambiguous.
- Did not validly rely on Article 6 GDPR (legitimate interests) for its processing of first party personal data of its members for [behavioral] analysis and targeted advertising, or third party data for analytics, as LinkedIn’s interests were overridden by the interests and fundamental rights and freedoms of data subjects.
- Did not validly rely on Article 6 GDPR (contractual necessity) to process first party data of its members for the purpose of [behavioral] analysis and targeted advertising.
- Articles 13 and 14 GDPR, in respect of the information LinkedIn provided to data subjects regarding its reliance on Article 6(1)(a), Article 6(1)(b) and Article 6(1)(f) GDPR as lawful bases.
- Article 5 GDPR, the principle of fairness.
Essentially, LinkedIn used user data for advertising and understanding behaviors without first asking for permission, which is questionable. Moreover, they didn’t have a strong enough reason or necessity to collect and analyze this data in the manner they did.
This week, the EU’s decision is based on a complaint lodged by the French non-profit organization, La Quadrature Du Net, back in August 2018. Initially, this matter was reviewed by the French data protection authority, and subsequently, it was also examined by the DPC.
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2024-10-24 16:38