C003 Instagram

Forced Consent & Consent Bypass

Filing DPA

APD/GBA (Belgium)

Controller

Instagram

Case status

Partial Decision
Filed: (5 years 9 months ago)

The complaint is one of four complaints on "forced consent" (see C001 to C004) which were filed on Max 25th, 2018. The issue is that the user is forced to consent to the processing of their personal data to use the service. Therefore, such consent cannot be considered as free which is a condition under the GDPR.

It was filed in Belgium and forwarded to the Irish DPA (Irish DPA) as the lead supervisory authority.

ATTENTION: This case is not fully documented in the system

Protocol

Date Summary
14.02.2024
Judgement of Belgian Market Court

The Belgian Market Court dismissed noyb's complaint and found the ADP's letter to be merely informative and not a decision that could be challenged before the MC.

10.05.2023
Answer from the APD on the registered letter before action to court
31.03.2023
Answer from the EDPB to noyb on the shift of legal basis from Meta
31.03.2023
Letter from noyb lawyers to APD pre-litigation court of appeal
30.03.2023
noyb email to the DPC about Meta announcement to shift legal basis
02.02.2023
Answer from the EDPB with the reasoned objections of the SAs
18.01.2023
Answer from the APD to noyb regarding the DPC decision
17.01.2023
letter from noyb on the fine issued by the DPC
12.01.2023
EDPB shares the links to EDPB Instagram and Facebook decisions
12.01.2023
Registration of the access request by the EDPB

confirm registration of your access to documents request with respect to all objections raised in Article 65 GDPR procedures regarding Instagram and Facebook platforms.

12.01.2023
Letter from noyb to APD regarding the DPC decision
12.01.2023
Decision by the APD

Notification to noyb of the DPC

11.01.2023
EDPB answers noyb on the access to documents
06.01.2023
noyb writes to the EDPB to have access to the documents of the file
11.10.2022
update on procedures from the DPC
04.10.2022
Request for Status of Complaints
06.09.2022
Letter to EDPB Access to Files
26.08.2022
APD says it will not answer last email from noyb

Since the case has been sent to the EDPB, the APD will not answer the last email received from noyb

23.08.2022
APD informs noyb that the DPC sent the case to the EDPB under Article 65(&)(a) GDPR

The EDPB is assessing now whether noyb should be heard

10.08.2022
noyb answer to APD

Noyb still refuse to sign an NDA to access the additional documents of the case

27.07.2022
DCP letter on submission and access to the file
30.06.2022
Letter to APD on delay over CJEU and NDA
27.06.2022
Letter from the DCP via the APD on access to the file
24.06.2022
Letter from DPC
13.04.2022
Answer from the APD
11.04.2022
Answer from noyb to APD
11.04.2022
Letter from DPC on procedural rights
01.04.2022
DCP answer on the right to be heard by nob conditioned to DNA
05.02.2022
Letter to the DPC access to documents
05.02.2022
Submission on PPD
29.12.2021
Request from noyb
23.12.2021
DPC preliminary draft decision

noyb receives the "preliminary draft decision" of the DPC

07.09.2020
noyb Request on Scope of Procedure
19.08.2020
Submission on Draft Report

noyb sends its submission on the draft report of the DPC

27.05.2020
noyb Request to get the documents via AP
25.05.2020
Open Letter
20.05.2020
noyb Request after direct devlivery of report
04.05.2020
Request for an update by noyb
28.04.2020
Update by DPC via APD on ARQ Solicitor Letter
12.03.2020
Update by DPC via APD
17.02.2020
Email to APD
25.11.2019
Update by DPC
15.11.2019
Letter to DPC by ARQ
14.11.2019
Feedback by APD
14.11.2019
Mails to ARQ with everything to that date
26.04.2019
Info about letter from DPC
19.04.2019
Letter to DPC from noyb
27.02.2019
Letter to DPC on procedural issues
19.02.2019
Letter by noyb
30.08.2018
Acknowledgement by APD
28.05.2018
Complaint

noyb files a complaint against Instagram in Belgium together with a complaint against WhatsApp in Germany and in
Austria against Facebook

25.05.2018
Complaint filed

Entry autogenerated, see NextCloud for details.