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ARTICLE · 12 SEPTEMBER 2022

Irish DPC Fines Instagram A Record €405 Million

Reed Smith (Worldwide)
Explore more from Reed Smith (Worldwide)

Meta-owned Instagram has been fined €405 million by the Irish Data Protection Commission (DPC) for violations of the EU General Data Protection Regulation (GDPR),...

European UnionPrivacy
Cynthia O'Donoghue
Cynthia O'Donoghue
Sophie Ainscough
Sophie Ainscough
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Meta-owned Instagram has been fined €405 million by the Irish Data Protection Commission (DPC) for violations of the EU General Data Protection Regulation (GDPR), following a two year investigation into how the social media platform handles children's data. This is the largest fine imposed by the DPC to date. Below, we highlight some of the key issues arising in the case.

What was the breach?

The investigation into Instagram was centred on two issues:

  1. Teenage users aged 13-17 were allowed to operate 'business accounts' on Instagram, which resulted in the publication of the users' phone numbers and email addresses. If these users had been adults, this likely would not have been an issue. Nonetheless, this serves as a reminder to use additional caution when dealing with children's data. Recital 38 of the GDPR highlights that where children's data is used to create user profiles, specific protections should apply since children may be less aware of the

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