Last week, an appellate court in San Francisco ruled against Facebook’s appeal to block a class-lawsuit over a massive data breach it witnessed last year. This data breach impacted nearly 30 million Facebook users.
On September 25th last year, Facebook discovered a data breach caused by a vulnerability that existed in its code between July 2017 and September 2018. This vulnerability “was the result of a complex interaction of three distinct software bugs.” These bugs were related to the “View As” feature that allows users to see what their profile looks like to another user.
By exploiting this vulnerability, the attackers were able to steal digital access tokens of users. These keys make it easier for users to access their profiles without having to log in every time they visit the site. Facebook shared that the attackers were able to see everything in a user’s profile, although it was not sure whether they got access to private messages or if any of that data was misused.
Zuckerberg in a call with reporters following the data breach said, “So far our initial investigation has not shown that these tokens were used to access any private messages or posts or to post anything to these accounts. But this, of course, may change as we learn more. The attackers used our APIs to access profile information fields like name, gender, hometown, etc. But we do not yet know if any private information was accessed that way.”
The class-lawsuit against Facebook alleged to violate user privacy
Following this incident, several Facebook users filed class-action complaints in a San Francisco appeals court, alleging that Facebook has failed to protect its users’ data. The class-action lawsuit alleges that the vulnerability in Facebook’s code plus its “grossly inadequate” security measures have made victims’ more prone to identity theft.
The lawsuit seeks to represent all people “who registered for Facebook accounts in the United States and whose PII (personally identifiable information) was accessed, compromised, or stolen from Facebook in the September 2018 data breach.” As a legal remedy, the plaintiffs are seeking statutory damages, penalties, punitive damages, and attorneys’ fees.
In response, Facebook appealed to block the lawsuit in March arguing that some of the plaintiffs’ information was not “sensitive” as it was publicly available on their Facebook profile. And, therefore, no real harm had been done as the attackers were not able to steal users’ financial information and passwords.
U.S. District Judge William Alsup dismissed Facebook’s appeal saying, “The lack of reasonable care in the handling of personal information can foreseeably harm the individuals providing the information.” He added, “Further, some of the information here was private, and plaintiff plausibly placed trust in Facebook to employ appropriate data security. From a policy standpoint, to hold that Facebook has no duty of care here ‘would create perverse incentives for businesses who profit off the use of consumers’ personal data to turn a blind eye and ignore known security risks.’”
This is not the only instance were Facebook has shown its negligence towards personal data. Earlier this month, during a pretrial hearing, Facebook argued that it didn’t violate users’ privacy rights because there’s no expectation of privacy when using social media. Recently Aaron Greenspan, the founder of Think Computer Corporation, claimed that Mark does not really believe in the concept of personal data as Facebook has performed security fraud on a number of occasions, in an incredibly blatant manner.
This is one of the many lawsuits against Facebook. Earlier this month, the Austrian Supreme Court overturned Facebook’s appeal to block a lawsuit against it for not conforming to Europe’s General Data Protection Regulation (GDPR). Regarding its alleged involvement in the Cambridge Analytica case, the social media giant is also preparing to pay a fine of up to $5 billion.
You can read the lawsuit to know more details.
Austrian Supreme Court rejects Facebook’s bid to stop a GDPR-violation lawsuit against it by privacy activist, Max Schrems
Facebook fails to block ECJ data security case from proceeding
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