A San Francisco jury has determined that Meta Platforms Inc. unlawfully gathered health data from users of the Flo period-tracking application, breaching California’s wiretap laws. This ruling emerges from a 2021 lawsuit in which users of the Flo app accused Meta, Alongside Google, Flo itself, and analytics company Flurry, of collecting their private menstrual health information without their consent for targeted advertising.
During the trial, evidence indicated that Flo, despite assurances of user privacy, permitted Meta and Google to monitor in-app communications between late 2016 and early 2019. This allegedly contravened California’s Invasion of Privacy Act. Prior to the trial, the cases against Flo, Google, and Flurry were settled for undisclosed amounts, leaving Meta as the only defendant.
The jury affirmed on Monday that there was “preponderance” of evidence that Meta had engaged in unauthorized eavesdropping or recording of conversations via electronic means without user awareness. While the jury’s verdict has been rendered, the determination of financial damages has yet to be settled. Each violation of California’s Invasion of Privacy Act carries a potential penalty of $5,000 and represents a lawsuit on behalf of “millions” of Flo users.
The lead attorneys for the plaintiffs, Michael P. Canty and Carol C. Villegas, emphasized the significance of the verdict, stating it conveys a robust message about the safeguarding of digital health information and the duties of large technology companies. They expressed a need for accountability for firms like Meta that profit from intimate user data without transparency.
In response to the ruling, Meta expressed its disagreement and indicated plans to appeal. The company issued a statement asserting that it strongly refutes the allegations against it. Meta emphasized its commitment to user privacy, stating that it does not desire health or sensitive information and that its terms prohibit developers from transmitting such data.
As this case progresses, the implications of the jury’s decision may extend beyond Meta, potentially influencing privacy standards across the tech industry, particularly concerning health-related applications. The outcome highlights growing concerns over data privacy and the responsibilities of tech companies in protecting user information.
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