Privacy issues emerge as major business risk for Facebook
22/3/18
Violating GDPR mandates could subject the
social network giant to fines of up to 4 percent of annual revenues.
Facebook faces substantial business risks from new European
Union privacy rules set to take effect in May, a looming reality that came into
stark relief over the weekend with revelations that a controversial political
consulting firm had improperly obtained personal data on 50 million Facebook
users.
Privacy experts said the disclosure that a researcher had sold
Facebook data collected via a personality quiz to the consulting firm Cambridge
Analytica is a prime example of the kinds of practices that the new General
Data Protection Regulation, or GDPR, is supposed to prevent or punish.
The danger faced by Facebook going forward is two-fold:
Complying with the rules means letting European users opt out of the highly
targeted online ads that have made Facebook a money machine. Violating GDPR
mandates could subject the California
company to fines of up to 4 percent of annual revenues.
Had the Cambridge Analytica incident happened after GDPR
becomes law on May 25, it "would have cost Facebook 4 percent of their
global revenue", said Austrian privacy campaigner and Facebook critic Max
Schrems. Because a UK
company was involved and because at least some of the people whose data was
misused were almost certainly European, GDPR would have applied.
Shares in Facebook fell on Monday by 7 percent, their biggest
drop since 2014, wiping nearly $40 billion off the value of the firm founded in
2004 by Mark Zuckerberg.
Schrems first raised concerns in 2011 about how easy it would
be for third-party apps to harvest data from the unwitting friends of Facebook
users. Facebook says it has tightened its controls on such practices since it
discovered the alleged abuses by Cambridge Analytica in 2015.
Schrems has founded a non-profit, called None Of Your Business
(NOYB), that is hiring lawyers and exploring avenues for "strategic
litigation" over GDPR privacy violations.
According to whistleblower Christopher Wylie, who formerly
worked with Cambridge Analytica, the consulting firm used the data to help
then-U.S. presidential candidate Donald Trump to predict and influence choices
at the ballot box.
“The fact of the matter is that Facebook lost control of the
data and wasn't adequately monitoring what third-parties were doing," said
Scott Vernick, a partner and an expert in privacy and data security at the Philadelphia law firm Fox
Rothschild.
Vernick said the maximum GDPR fine could come into play in an
incident like this because of the number of users affected and what appears to
have been inadequate monitoring of third-party data practices.
Facebook said it changed its policies in 2014 to "to give
much less data, especially about friends," Facebook Vice President Andrew
Bosworth said in a Facebook post on Monday.
"We conduct a robust review to identify potential policy
violations and to assess whether the app has a legitimate use for the
data," the company said on Monday. "We actually reject a significant
number of apps through this process.”
Compliance with GDPR rules could cost Facebook a significant
amount of money. Deutsche Bank analysts in January estimated that Facebook’s
overall revenue could be lowered by 4 percent in a scenario in which 30 percent
of EU users opt out of targeted ads, reducing the effectiveness and likely
price of ads shown by 50 percent.
The EU represents 24 percent of Facebook's ad revenue, so
multiplying those figures, the bank said the regulations could have a 4 percent
impact on overall Facebook revenue.
"If this regulatory approach spreads to other countries or
if GDPR ever becomes more onerous over the medium or long term, it would pose
more risk," Deutsche Bank warned.
The firestorm over Cambridge Analytica has prompted a furious
response from lawmakers on both sides of the Atlantic,
raising the prospect of just such an expansion of privacy protections.
Pivotal Research analyst Brian Wieser reiterated his 'sell'
rating on Facebook after the weekend reports. Wieser expressed concerns that
the company's regulatory risks would intensify and that its sophisticated use
of data in advertising was in jeopardy.
A December 2017 survey found that only 21 percent of European
consumers know what GDPR is. But after the regulation was explained, 82 percent
of respondents said they plan to exercise their new rights, according to the
survey of 7,000 Europeans conducted by Cambridge, Mass.-based Pegasystems Inc ,
which makes sales and marketing software.
PageFair, an Irish startup that helps website deliver
non-targeted ads and avoid ad-blocking, estimates that only 3 percent of
European social media users will opt-in to targeted ads, a potentially
"devastating" blow for Facebook and other platforms, says Johnny Ryan,
PageFair's head of ecosystem.
Giving consumers control
The quandary for Facebook is readily apparent from a video it
began showing customers in February: it teaches people how to delete their
accounts.
GDPR gives users the right to access their data, delete it or
transfer it to competing companies. Social networks will also need to regain
Europeans' consent every time they want to use their data in new ways,
including for targeted advertising.
Lawmakers had social networks in mind when drafting GDPR, said
Helen Dixon, the data protection commissioner of Ireland, which is the lead GDPR
regulator for numerous tech companies including Facebook, Twitter and LinkedIn.
"There was very big consideration of these newer types of
platforms," she told Reuters.
Tough European rules stand in sharp contrast to the lack of
privacy regulation in the United
States and many other countries, raising the
prospect that Facebook will begin to look much different from one country to
the next.
For example, the social media giant in 2017 released new
artificial intelligence features that detect when a user is at risk of suicide
or when someone else uploads a picture of their face.
The company did not make those features available in Europe. Facebook did not specify a reason. But heightened
scrutiny in Europe over such practices with
GDPR looming may have been a factor.
Another challenge for social networks are GDPR provisions
mandating how companies must obtain permissions. The regulation demands that
requests for consent be presented "in an intelligible and easily
accessible form, using clear and plain language."
In other words, the days of extensive "terms of
service" agreements written in small text will no longer pass muster in Europe, numerous data privacy lawyers told Reuters.
In practice, social network users may find themselves seeing
more "permissions screens" and being asked to check boxes every time
a social network rolls out a new feature.
That could depress usage, Facebook Chief Financial Officer
David Wehner said at an investor conference last month.
"Whenever you walk people through permission screens,
there's some potential that people decide they're not going to use the
product," Wehner said. "We don't think it will be big, but there
could be some implication there."
All comments [ 9 ]
Facebook has sold the users' privacy
We exploited Facebook to harvest millions of people’s profiles. And built models to exploit what we knew about them and target their inner demons. That was the basis the entire company was built on
Facebook had allowed a dodgy British company to mine the data of millions of its users
British firm Cambridge Analytica, working with the Trump campaign, harvested private information from 50 million Facebook users without their knowledge — and then used that information in an attempt to influence the election in Trump’s favor
Facebook has been rocked this week
Cambridge Analytica was mining Facebook data to help Trump
it’s almost like Cambridge Analytica and Facebook each are companies primarily interested in money and which act with no moral qualms whatsoever
there really is not much difference between Cambridge Analytica and Facebook. They both use our data for political and financial purposes
Facebook doesn’t really care a toss about your privacy or your democracy
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