Irish Data Protection Commission · 2022 · Cannot prove
Meta Platforms: €17M GDPR Accountability Fine
DPC Decision IN-18-5-5, March 2022
What happened
The Irish Data Protection Commission investigated 12 personal data breach notifications submitted by Meta (then Facebook Ireland) in 2018. After a multi-year investigation, the DPC's formal finding was not that Meta lacked security controls. It was that Meta had "failed to have in place appropriate technical and organisational measures which would enable it to readily demonstrate the security measures that it implemented in practice." This is a direct application of GDPR Articles 5(2) and 24(1), the accountability provisions that place the burden of proof on the data controller to demonstrate compliance. Meta may have had the controls operating in practice. But it could not prove they were operating to the required standard. The fine of €17 million is the clearest statement in European law of the exact problem immut solves: standard document formats on internal systems do not satisfy the accountability principle. A blockchain-timestamped record of each security measure and control at the moment of implementation would create exactly the "readily demonstrable" record the DPC required.
Outcome
€17 million fine. Landmark finding that inability to demonstrate compliance is itself a sanctionable breach of GDPR accountability provisions, regardless of whether the controls were in fact operating.
Sources
Public proof. Private work.
immut records a cryptographic hash of your file on the public XRP Ledger at the moment of creation. The timestamp is independently verifiable by anyone.
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