In this Aug 28, 2019 photo, the logo of Facebook is displayed on a tablet in Lille. (DENIS CHARLET / AFP)
Facebook Inc won a temporary halt to a demand by European Union investigators to turn over vast amounts of data, potentially frustrating efforts to build an antitrust case against the US tech giant.
The EU started examining Facebookâs sales platform and how it uses data from apps last summer, as part of a broader crackdown on Silicon Valley. It adds to a probe into how Amazon.com Inc collects data from retailers through its platform and investigations into Apple Incâs app store
The EU General Court suspended the European Commissionâs requests for information including data Facebook deemed as âhighly sensitive personal information,â according to two decisions dated July 24.
Facebook sued the Brussels-based commission on July 15, citing âthe exceptionally broad natureâ of the EUâs orders. It also filed two challenges seeking a court suspension of the EU data demands.
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The court president in his July 24 orders said while EU data requests âmay unavoidably include personal information, it is important to ensure that confidential treatment of such information is safeguarded, especially when the information does, at first sight, not appear to have any link with the subject matter of the commissionâs investigation.â
The court will need to check what protections the commission has in place, Marc van der Woude, the tribunalâs president, said in the decisions. A preliminary suspension is needed âto prevent a situation whereby the contested material is disclosed in violation of the fundamental right to privacy of the applicantâs management and employees.â
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Facebook declined to comment and the commissionâs press office didnât immediately respond to an email seeking comment.
Facebookâs EU lawsuits come as Chief Executive Officer Mark Zuckerberg is preparing to be grilled July 29 over antitrust issues by US lawmakers.
âMedical Informationâ
Details sought by the EU in May include âhighly sensitive personal information such as employeesâ medical information, personal financial documents, and private information about family members of employees,â Tim Lamb, a Facebook lawyer said Monday about the lawsuits. âWe think such requests should be reviewed by the EU courts.â
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The EU told Facebook to look for internal emails and other documents that mentioned some 2,500 search terms such as âbig question,â âshut downâ and ânot good for usâ that would also have netted personal communications from employees and work and security evaluations outside the scope of any investigation, according to a person familiar with the case who spoke on condition of anonymity.
Facebook offered to allow the EU to see the sensitive information in a secure environment known as a data room, but that was turned down, the person added. The commission in Brussels earlier said it âwill defend its case in court,â adding that its investigation into Facebookâs âpotential anticompetitive conduct is ongoing.â
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Once the EU court has heard both sides, it will give a final decision on the companyâs so-called interim measures requests, while Facebookâs main appeals remain pending. Any outcome on the interim measures could be appealed.
The cases are T-451/20 and T-452/20 Facebook Ireland v Commission.
