Need for Institutional reform – Facebook

What is the issue?

Individual users’ privacy cannot be safeguarded on platforms such as Facebook without institutional reform.

What is the recent criticism made against Facebook?

• The New York Times recently documented that Facebook had granted its business partners, including Microsoft and Amazon, more intrusive access to user data than it had divulged.
• Some deals permitted access even to private chats, allowing data access without users’ permission.
• These Business partners were given more intrusive access to user data than Facebook has ever disclosed.
• In turn, the deals helped Facebook bring in new users, encourage them to use the social network more often, and drive up advertising revenue.

What were the larger concerns made earlier?

• Free Basics issue - Free Basics is an open platform launched by the Facebook that allows free access to certain websites and internet services to those users who cannot afford internet access.
• However, free access is limited to selected partner websites and applications.
• Facebook says that Free Basics was launched with a philanthropic motive to provide free digital access to poorer sections of the society in India.
• However, this deal was opposed on grounds of net neutrality by those who recognised that Facebook would become a gatekeeper to the Internet.
• Facebook was also not clearly stating how it would use the personal data of users on the Free Basics platform.
• Subsequently, the telecom regulator imposed ban on Free Basics in India.
• WhatsApp acquisition issue - Facebook changed its privacy policy after acquiring WhatsApp, with effect from September 2016.
• The change allowed sharing a user’s metadata between WhatsApp and Facebook, without clearly explaining what was being shared and how it was being used.
• These changes to the terms of service were challenged in a public interest petition in the Delhi High Court.
• However, the HC dismissed this legal challenge, since the fundamental right to privacy was not upheld as a fundamental right at that point in time. 

• The judgement was appealed against in the Supreme Court and subsequently the SC announced that a Constitution Bench would be constituted in this regard.
• The government submitted that it had constituted a data protection committee headed by B.N. Srikrishna, on the same issue.
• This has created delay in the hearing and the WhatsApp-Facebook case is still pending in the Supreme Court.
• Cambridge Analytica issue - Cambridge Analytica, a data analytics company, managed to harvest data from Facebook users.
• This was used to build psychological profiles of more than 50 million individuals.
• A whistle-blower has uncovered it all, highlighting the commercial nexus between Analytica and US politicians.
• This was particularly aimed at influencing their voting preferences and the outcome of elections. 
• A company called Global Science Research (GSR) used a personality App with the permission of Facebook, for supposedly academic research purposes.
• With the help of this, a psychology lecturer at Cambridge University managed to harvest data.
• Data of millions of FB subscribers who used the personality App was sold for presidential campaign.
• FB admitted that though GSR gained access in a legitimate manner, it allegedly violated the rules of agreement.
• A Cambridge Analytica whistle-blower also pointed suspicion to the Indian elections by the Indian National Congress.  
• The matter was referred to the Central Bureau of Investigation, which launched a preliminary investigation in September 2018.
• Till date, there is little public information on movement in this investigation.

What should be done?

• India has the second highest number of Internet users in the world.
• Facebook, despite its unethical conduct, is of enduring value to millions of Indians.
• However, India has little to show as a country in investigatory outcomes, measured regulatory responses or parliamentary processes which safeguard users.
• Lack of institutional capacity to respond to these challenges is the underlying cause for our deficient national response.
• Thus, to properly harness digitisation, India needs to develop and prioritise institutions of governance to protect users.
• This must start immediately with a strong, rights-protecting, comprehensive privacy law.

Source: The Hindu