This is nuts if FB’s quarrel is with the term “data breach,” and they’re intimating litigation over it. I wouldn’t call it that since it involved a second-party betrayal of trust rather than an external hack, but it’s a reasonable metaphor.https://twitter.com/carolecadwalla/status/975007440612753408 …
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TOS between the quiz makers and the users? Would have to think through remedy. In US context, also thin.
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Yeah, then not a contract claim, but a data privacy claim, with the TOS only mattering to show that it didn’t provide for consent?
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You're right. It'd be nice to see a lawsplainer of where the liabilities lie. I think Congress might be ready to absorb something like that in the very near future.
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one cannot have an informed discussion on this if the roles of Facebook Inc and Facebook Ireland are not dissociated. Cambridge Analytica and Kogan contracted with Facebook Ireland.
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Meaning that it is subject to EU law, not US law?
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both! and even transatlantic instruments, that can be enforced in front of the FTC/US courts!
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Purpose limitation applies in EU. If you collect personal data for a research purpose, you cannot disclose the data to third parties that use it for targeting purposes (or do that yourself, for that matter). Targeting is clearly incompatible with original purpose (research).
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Cambridge Analytica claims to be doing research as well, when challenged by
@profcarroll -
As far as I understand it, the personal data obtained ("leaked") through the Facebook app for a research project was ultimately used for targeting Facebook users with political ads?
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