The Norwegian Data Protection Authority has imposed a coercive fine on Meta due to non-compliance with the ban on behavioural marketing on Facebook and Instagram. However, Meta has asked Oslo District Court to stop the ban by requesting a temporary injunction (postponement). The case was heard by the district court on 22 and 23 August.
On 14 July, the Norwegian Data Protection Authority ruled that Meta’s behavioural marketing on Facebook and Instagram is illegal because it involves very invasive monitoring of users. Behavioural marketing in Norway must therefore be stopped until Meta has found a legal way to conduct such marketing.
Meta says that the company will look at how it can organise itself legally in the future, but as Datatilysnet sees it, it has still not stopped the illegal activity. We therefore believe that the prohibition has not been complied with.
On 7 August, the Norwegian Data Protection Authority therefore decided to impose a penalty payment of NOK 1 million per day. The penalty was set to start running from 14 August.
Meta asks Oslo District Court to stop the Norwegian Data Protection Authority
However, Meta has petitioned Oslo District Court for a temporary injunction. This means that they are asking the court to stop the implementation of the ban from 14 July. If the district court grants a temporary injunction, Meta does not have to comply with the Data Protection Agency’s ban pending a full trial.
“The Norwegian Data Protection Authority believes that the conditions for a temporary injunction have not been met. “Meta can and should comply with our decision. The privacy rights of Norwegian Facebook and Instagram users will be violated every day that Meta does not comply,” says Tobias Judin, Head of the International Section.
The question of temporary injunction Oslo District Court 22 and 22 August (domstol.no). The government lawyer is leading the case for the Norwegian Data Protection Authority, and a decision is expected in early September.