Instagram is under investigation by the EU for allegedly failing to ensure the protection of children's data on platform . Instagram's alleged data mishandling resulted in the email and phone numbers of children under the age of 18 becoming visible to other users of the platform. Facebook, which owns Instagram, has denied allegations that the platform is violating privacy laws.
The investigation into the application is being conducted by the Irish Data Protection Commission (DPC), the EU's lead regulator under the EU's General Data Protection Regulation (GDPR), which came into force in 2018.
A key role of the Irish regulator is to uphold an individual's right to online privacy. The DPC can impose fines on those who violate this user right.
During the investigation, the DCP will determine whether Facebook has a legal basis for processing children's personal data. It will also investigate the protections and restrictions that apply to children on Instagram, to determine whether they are adequate.
Instagram requires users to be at least 13 years old to create an account. In addition, the DCP is examining Facebook to check whether and to what extent the company complies with the GDPR requirements regarding Instagram profiles and account settings. In this separate investigation, the Commission will seek to determine whether Facebook adequately safeguards the data protection rights of children as vulnerable individuals. Facebook for its part stressed that it is fully cooperating with the DCP.
DPC Deputy Commissioner Graham Doyle said that Instagram is a social media platform widely used by children both in Ireland and across Europe. He added that the DPC actively monitors complaints made by individuals about breaches or inadequate privacy protections and has identified potential concerns about the processing of children’s personal data on Instagram that require further investigation.
The research, completed by David Stier, a US -based data scientist , prompted DCP to investigate Instagram. Specifically, Stier analyzed the profiles of about 200,000 Instagram users worldwide in 2019, and estimated that at least 60 million users under the age of 18 had the option to switch their personal profiles to business accounts . Instagram users with business accounts are required to display their phone numbers and email addresses to other users of the platform.
