Facebook Forced to Come Clean on Data Use

Facebook is revising two key documents that govern the way it treats our data, part of a the court-ordered settlement of a two-year legal tussle. Having read through the proposed changes, let’s discuss some of the more controversial points of which to be aware. 

The two Facebook documents in question are the Data Use Policy (DUP) and Statement of Rights and Responsibilities (SRR). Rather helpfully and to its credit somewhat, Facebook has made available versions of each document showing where the changes are being made – if you’re very concerned about your data privacy on Facebook, you can read announcement here, which has links to all the documents in question.

Many of the clarifications have been ordered as part of the court settlement, as a way to compel Facebook to clarify how it treats data from its one billion reported users. However, Facebook appears to have taken the opportunity to add in some new clauses that allow it do more with our data, especially when it comes to advertising.

Here are some of the key disclosures, and controversies, with extracts from the two documents:

• Facebook won’t give your data to paying advertisers without your consent, but it will display the data it has on you against their ads (without compensation). By using Facebook you consent to the following: “You give us permission to use your name, and profile picture, content, and information in connection with commercial, sponsored, or related that content (such as a brand you like) served or enhanced by us, subject to the limits you place. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.” – SRR; section 10.1 

• Parental consent by default: “If you are under the age of eighteen, or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, profile picture, content, and information) on your behalf.” – SRR; section 10.1 

• Social advertising: “In addition to delivering relevant ads, Facebook sometimes pairs ads with social context, meaning stories about social actions that you or your friends have taken. For example, an ad for a sushi restaurant’s Facebook Page may be paired with a News Feed story that one of your friends likes that Page.” – DUP; section IV

Facebook also states that it will treat much of your information as if you’d released it into the public domain. This isn’t new, but is worth pointing out as many people still believe that all their data is private: “Your name, profile pictures, cover photos, gender, networks, username and User ID are treated just like information you choose to make public.” – DUP; section I.

The most significant changes are in the DUP, which, if the proposed changes go through in a week’s time, will have an entirely new section on advertising – we’ve already highlighted above one relevant paragraph.

Unfortunately, there is very little we can do about the advertising. The documents are worded such that by simply opening an account – or not closing them in the case of existing users – we give our consent for Facebook to do as it wishes with our data.

On the positive side, Facebook does state that it will not give your data to advertisers without your consent – see the extract below. Rather, the controversy that most critics are whipping up is to do with the clause that says Facebook can display your name and other information (deemed to be in the public domain anyway) against advertising, on behalf of the paying advertiser. 

“When we deliver ads, we do not share your information (information that personally identifies you, such as your name or contact information) with advertisers unless you give us permission. We may provide advertisers with information when we have removed your name or other personally identifying information from it, or combined it with other information so that it no longer personally identifies you. For example, we may tell an advertiser how its ads perform or how many people viewed or clicked on their ads or install an app after seeing an ad.” – DUP; section IV.

We are currently one day into a seven-day review period, during which time disgruntled users can comment and voice their objections – click here to visit the Facebook blog post if you want to have your say. In the day since it was published, the Facebook post has garnered 1,240 comments, mostly negative. Conversely, it has also been ‘liked’ by some 1,360 people – overall approval, perhaps?