A California jury has found Meta guilty of violating the state’s invasion of privacy act after it was alleged that the company intentionally recorded sensitive health information of millions of women using its Flo period tracking app. The verdict is seen as a landmark moment in efforts to safeguard digital privacy rights.
The jury, which deliberated on three key questions, ruled against Meta twice, stating that the company had indeed intentionally eavesdropped and that users could have reasonably expected their sensitive menstrual information not to be shared. The jurors also found that Meta did not have consent to record user data.
Meta had argued that it had done nothing wrong and that its collection of user data was necessary for advertising purposes. However, the jury ultimately sided with the plaintiffs, who claimed that Meta’s actions were unacceptable.
The Flo app, launched in 2016, collects sensitive information from users, including menstrual cycles and ovulation patterns. The company was accused of sharing this data with third parties, including Facebook, without proper consent.
A settlement has been reached between Google and the class of app users who sued Flo Health, while Flurry also settled with the users earlier in 2023. AppsFlyer voluntarily dismissed its claims against the plaintiffs in 2022.
The trial highlighted the issue of software development kits (SDKs), which are prewritten code snippets used by developers to build apps and track analytics. The plaintiffs argued that Flo’s SDKs effectively worked like recording devices, capturing sensitive user data without consent.
Judge James Donato presided over the case, and U.S. District Attorney Michael P. Canty represented the plaintiffs, while Michele D. Johnson of Latham & Watkins represented Meta.
Source: https://www.courthousenews.com/meta-violated-privacy-law-jury-says-in-menstrual-data-fight