A New Mexico jury concluded that Facebook had misled its users about the protection and use of their personal data in the case related to the Cambridge Analytica scandal. It found 43,899,725 violations of the state’s consumer protection law.
Facebook accused of downplaying data risks
The verdict comes after a two-week trial in a Santa Fe court. The case, brought by New Mexico’s attorney general in 2021, focused on Facebook’s statements about the control of personal data, its sharing with third-party applications and actions taken following the Cambridge Analytica revelations.
The case dates back to 2018 revelations about a test app developed by Aleksandr Kogan. It allowed data from tens of millions of Facebook profiles containing information relating to up to 87 million users, according to estimates cited during the procedure, to be diverted before being transmitted to Cambridge Analytica.
The jury accepted 26 of the 29 statements challenged by the State. Some worried about users’ ability to control the sharing of their information, while others focused on Facebook’s claims about misinformation, hate speech and uniform application of its rules.
Jurors also found several statements made after the Cambridge Analytica scandal misleading. The New Mexico Department of Justice indicates in particular that Facebook had committed to investigating applications that access large amounts of data, conducting audits, sanctioning offending developers and notifying affected users.
Meta runs the risk of suffering a heavy financial penalty
However, the verdict has not yet determined the amount that Meta must pay. New Mexico law allows a civil fine of up to $5,000 for each willful violation, making a theoretical maximum of more than $219 billion with the figure retained by the jury. Judge Francis Mathew must determine the amount actually applicable.
Attorney General Raúl Torrez indicated that the State will seek the maximum sanctions provided by law. New Mexico is also seeking measures to prevent Facebook from replicating the practices that are the subject of the proceedings.
Meta disputes the verdict and says the lawsuit misrepresents its data protection record. The parent company of Facebook, Instagram and WhatsApp also maintains that its practices and protection systems have evolved since the Cambridge Analytica scandal.
