C029-41 Free Mobile 16
Case projectData Transfers
ControllerFree Mobile 16
Case statusOther Outcome
This is one of noyb 101 complaints which were filed after the "Schrems II" judgement in Summer 2020. The judgement invalidated the EU-US data transfer mechanism "Privacy Shield". The cases were generated based on implemented Google Analytics or Facebook tracking code on websites by EU providers, which leads to unlawful data transfers to the United States.
CNIL closes the case over a formality
The letter says that the investigation was particularly long and complex, it showed that the website doesn't include "Facebook Connect" which is the service we question in our complaint. Since "Facebook Connect" is not used by the controller, they closed the investigation.
This outcome is somewhat upsetting, as we explained to the CNIL that we only mentioned "Facebook Connect" because the URL of the receiver contains "connect.facebook", but that it is clear from our complaint that we of course mean Facebook tools causing data transfers to the U.S. in general. Nevertheless, the CNIL used this formality to close the case and we decided not to appeal and pursue this issue before other DPAs.
noyb asked for an Update and CNIL repiled
noyb asked for an Update. CNIL replied on the same day, saying that re C029-40 and 43, there will be a decision soon. Re C029-39 and 41 the investigation continues.
CNIL informed us that the complaint continues to be under investigation
CNIL informed us that the complaints C-029-39 to 43 are still being investigated and we will receive updates.
noyb asked the CNIL for an update
noyb asked the CNIL for an update. Due to server errors on our end, noyb sent that message again on 15.07.2021.
noyb wrote an email to the CNIL explaining how the HAR files showed the data transfers that took place
CNIL asked us to make remarks on the case without providing us with the controllers statement
CNIL (referring to a phone call with noyb) again asked us to make remarks on the case (without us knowing the controller's submission) and reiterated their position not to share the case files with us.
CNIL wrote us saying that the controller denies any wrongdoing
CNIL wrote us, saying that the controller has stated that they have not implemented the Facebook connect feature but that they are using "Facebook Pixel", which is also a "Facebook Business Tool". CNIL gave noyb one month to respond with comments. noyb call
CNIL replied that they are the the competent authority to begin investigating
CNIL replied that they are the competent authority to begin investigating. Cannot confirm that there will be no other supervisory authorities involved, however will let us know if there are. Do not want to disclose documents as they are 'administrative do
noyb sent follow up email
noyb sent follow-up email, also requesting access to documents.
noyb resubmitted all six HAR files
noyb resubmitted all 6 HAR files to the CNIL and received the acknowledgement from them that they got the fileson the same day.