Privacy, GDPR, and social networks: how much is our data worth?
The lawyer of Rome Fulvio Sarzana has analyzed several cases handled by European data protection authorities.
One of the first sanctions for lack of transparency was the one imposed by the Antitrust Authority on Facebook in 2018, for having "deceptively induced users to register (to the platform, ed.), without informing them adequately and immediately, during the activation of the account, of the collection activity, with commercial intent, of the data provided by them, and, more generally, of the remunerative purposes underlying the provision of the social network service, emphasizing its sole free nature”. The sentence of 5 million euros, confirmed by the Lazio Regional Administrative Court, concerned the violation of the Articles 21 and 22 of the Consumer Code (Misleading Acts and Omissions).
“"The issue is twofold: misleading information and the supposed 'free' nature of the service," emphasized Fulvio Sarzana of Sant'Ippolito. "The platforms are not losing their habit. Just over a month ago, the Norwegian Consumer Council published the study Out of Control – How consumers are exploited by the online advertising industry, for which he analyzed the behaviors and legal terms of 10 applications in the version released for devices using the Android operating system”.
Dating apps overexposed: the Norwegian study
Privacy, GDPR, and social networks: how much is our data worth?
The lawyer of Rome Fulvio Sarzana explained how the NCC examined the policies of the dating apps Tinder (100 million downloads on Google Play alone) and OKCupid (10 million)—similar because they are both owned by the American company Match Group—concluding that they suggest data sharing among the group's companies (which comprises 45 entities, including dating sites and apps) and with a series of poorly identified partners. The study also highlights how OkCupid shares details about sexuality, drug use, political opinions, and other data with an analytics company called Braze. The NCC also expressed doubts about the legal bases invoked to legitimize the different processing practices.
“The Norwegian study concludes that 20 months after the GDPR came into force, consumers are still pervasively tracked and profiled online and have no way of knowing which entities are processing their data and how to stop it. Despite many of these practices being prohibited by EU regulations, the adtech industry appears to be processing and sharing personal data in an uncontrolled manner. Data protection authorities must commit to enforcing the GDPR so that digital advertising players identify alternative methods that respect individuals' fundamental rights.
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