18 Apr 2022
Cambridge Analytica is a federal data analytics, marketing, and consulting firm based in London, UK, that is accused of illegally obtaining Facebook data and using it to determine a variety of federal crusades. These crusades include those of American Senator Ted Cruz and, to an extent, Donald Trump and the Leave-EU Brexit campaign, which resulted in the UK’s withdrawal from the EU. In 2018, the Facebook–Cambridge Analytica data scandal was a major disgrace, with Cambridge Analytica collecting the private data of millions of people’s Facebook profiles without their permission and using it for Political Advertising. It was defined as a watershed flash in the country’s understanding of private data, prompting a seventeen (17) per cent drop in Facebook’s cut-rate and summons for stricter laws governing tech companies’ usage of private data.
Background Information
Fotis International Law Firm aims to provide our readers with a brief overview of the Facebook Data Breach that happened. A lot of people took a survey in 2014 that looked similar and included not only the user’s personally identifiable information or data but also the data of the user’s Facebook friends with the Company that worked for President Trump’s 2016 campaign. This is where Cambridge Analytica (CA) entered the picture, partnering with Aleksandr Kogan, a UK research academic who was using Facebook for research purposes. Kogan’s survey, which appeared innocuous and included over 100 personality traits with which surveyees could agree or disagree, was sent to 3L Americans.
But there’s a catch: to take the survey, surveyee’s must log in or sign up for Facebook, giving Kogan access to the user’s profile, birth date, and location. Kogan created a psychometric model, which is similar to a personality profile, by combining the survey results with the user’s Facebook data. The data was then combined with voter records and sent to CA by Kogan. CA claimed that the results of this survey, combined with the personal traits of various users and models, were crucial in determining how they profiled a user’s psychoneurosis and other susceptible traits.
In only a few months, two lakh twenty thousand people took part in the survey of Kogan, and data from up to 87 million Facebook user profiles were harvested, accounting for nearly a quarter of all Facebook users in the United States. The goal was to use the data to target users/surveyees with political messaging that would aid Trump’s campaign strategy, but the campaign objected. Even though Kogan’s work was for academic research, he shared the formulated data with CA, which is against Facebook’s policy. In response to the violation, Facebook CEO Mark Zuckerberg stated that it was not a data breach because no passwords were stolen or any systems were infiltrated, but it was a violation of the terms of service. In response to the breach, the CEO of Facebook who is Mark Zuckerberg stated that it was not a data breach because no passwords were stolen or any systems were infiltrated, but rather a breach of contravention between Facebook and its users. The Federal Trade Commission of the US took up the investigation after that.
Facebook Data Breach
CA’s illegitimate procurement of personally identifiable data was first revealed in December 2015 by Harry Davies, a Guardian journalist. CA was working for US Senator Ted Cruz, according to Harry, and had obtained data from millions of Facebook accounts without their permission. Facebook declined to comment on the story other than to say that it was looking into it. The scandal finally blew up in March 2018 when a conspirator, Christopher Wylie, an ex-CA employee, was exposed. Christopher was an unidentified source for Cadwalladr’s article “The Great British Brexit Robbery” in 2017. This report was well-received, but it was met with scepticism in some quarters, prompting sceptical responses in publications such as The New York Times. In March 2018, the news organizations released their stories concurrently, causing a massive public outcry that resulted in more than $100 billion being deducted from Facebook’s retail funding in a matter of days. Senators from the US and the UK have demanded answers from Facebook CEO Mark Zuckerberg. Following the scandal, Mark Zuckerberg agreed to testify in front of the US Congress.
Summary of the Case
CA’s parent company, Strategic Communication Laboratories Group, was a private British behavioural and strategic research communication corporation. In the US and other countries, SCL sparked public outrage by obtaining data through data mining and data analysis on its users with the help of a university researcher named Aleksandr Kogan, who was tasked with developing an app called “This is your digital life” and along with that, he was told to create a survey on the behavioural patterns of users that he had obtained from Facebook’s social media users, to use the data for electoral/political purposes without the approval of Facebook or the users of Facebook, since the data was detailed enough to create a profile that implied which type of advertisement would be most effective in influencing them. Based on the findings, the data would be carefully targeted to key audience associations to change behaviour in line with SCL’s client’s objective, resulting in a breach of trust between Facebook and its users.
Legal Implications
As a result, the Facebook CEO was questioned, and the stock price dropped by seventeen (17) per cent. He was also requested to enforce strict regulations on the protection of users’ data. Users were afterwards told that the access they had provided for various applications had been withdrawn and reviewed in the settings, as well as there being audit trials on breach investigation. Meanwhile, Facebook has vowed to create an app that would require users to delete all of their Facebook web search data. CA has been the subject of multiple baseless allegations in past years, and despite the firm’s efforts to improve the record, it has been chastised for actions that are not only legal but also generally acknowledged as a routine component of internet promotion in both the federal and industrial sectors.
Julian Malins, a third-party auditor, was appointed by CA to look into the allegations of wrongdoing. According to the firm, the inquiry determined that the charges were not supported by the facts. Despite CA’s constant belief that its employees have acted ethically and lawfully, a belief that is now completely supported by Mr Malin’s declaration, the Company’s clients and suppliers have been driven away implicitly as a result of the media coverage. As a result, in May 2018, it was decided that continuing to manage the firm was no longer practicable, leaving CA with no practical alternative for bringing the firm into government.
The General Data Protection Regulation (GDPR), which had come into effect in May 2018, establishes logical data security laws across Europe. It applies to all companies that prepare private data about EU citizens, regardless of where they are situated. Processing is a comprehensive term that refers to everything linked to private data, such as how a company handles and uses data, such as settling, saving, using, and destroying it.
While many of the GDPR’s requirements are based on EU data protection regulations, the GDPR has a greater reach, more precise standards, and ample penalties. For example, it necessitates a higher level of consent for the use of certain types of data and enhances people’s rights to request and shifting their data. Failure to comply with the GDPR can result in significant penalties, including fines of up to 4% of worldwide annual income for multiple violations or infringements. In terms of policy changes, data may only be accessed by others, including developers. If permissions are granted, data settings are stricter, and a research tool is used to scrutinize the search.
Conclusion
Regardless matter how many changes or updates are made to specific applications, the user of that platform should be aware of the types of personal data and apps to which rights should be granted. In addition, maintaining a check, such as evaluating account activity, revoking access to illegal applications, and monitoring its settings at regular intervals, is critical to keeping their data safe and being aware of the repercussions of a breach. The case of CA is the precedent. Countries should create a legal framework that will severely restrict the operations of firms like CA and prevent the globally uncontrolled exploitation of personal data on social media. No one can guarantee that a government would resist the temptation to utilize technology for its ends. It’s quite probable that it’s going on right now.