Irish Council for Civil Liberties takes landmark legal action against Microsoft over advertising business

Investigation of data brokers leads to State's first class action suit

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The High Court has granted the Irish Council for Civil Liberties (ICCL) permission to take Ireland’s first ever class action.

The litigation follows research by ICCL Enforce that uncovered how people’s intimate secrets such as their relationships and finances are broadcast by Microsoft into the real-time bidding (RTB) advertising system. Microsoft’s RTB system operates behind the scenes on websites and apps to match advertising to specific people.

ICCL argues this system is exposing users to malicious profiling and discrimination. It also argues that the system is undermining European security.

The litigation is anticipated to affect Microsoft’s operations across Europe, because Ireland is the venue of Microsoft’s EU headquarters.

The case is being led by Dr Johnny Ryan, director of ICCL’s Enforce unit. Speaking after the hearing, he said: “The significance of today’s decision extends beyond just Microsoft. Ireland is also the HQ venue for Google, Meta, TikTok, X and Apple. Today, nine years and one day after the GDPR was first introduced, we are finally opening up a way to enforce it against big tech on behalf of everyone. Regrettably, Ireland’s Data Protection Commission has paralysed enforcement of EU data law. But that need no longer be the case.”

ICCL is taking the legal action on behalf of all affected people in Ireland under the new EU Collective Redress Directive. The organisation hopes to force Microsoft to bring its systems into compliance with the GDPR.

Posing as a data buyer, ICCL Enforce obtained thousands of RTB data “segments” about Irish people. These include information such as whether a person gambles, their finances and debt, and even such sensitive information as whether the person works in a sensitive national security role.

Joe O’Brien, executive director of ICCL, said: “ICCL has always been at the cutting edge of advancing human and civil rights in Ireland. Today’s landmark decision furthers our work on privacy rights but it also gives a sign of hope that it is possible to push back against big tech and the damage that it is doing to human rights and democracy, not just nationally but internationally.”

TechCentral Reporters

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