Facebook Says Some of Your Personal Data Is Its 'Trade Secrets or Intellectual Property'
from the you-thought-it-was-your-life dept
A few weeks back, Techdirt posted a story about a European campaign group called "Europe vs. Facebook", which is trying to find out exactly what information Facebook holds about its users. It is doing this using European data protection laws, thanks to the fact that Facebook' s international headquarters are in Ireland.
The group's founder, Max Schrems, received a reply to his request for the data Facebook held about him in the form of a CD-ROM storing over 800 pages. But looking through them, Schrems noticed that important information was missing, and so contacted Facebook again, asking for the extra details. But Facebook refused:
To date, we have disclosed all personal data to which you are entitled pursuant to Section 4 of the Irish Data Protection Acts 1988 and 2003 (the Acts).
Please note that certain categories of personal data are exempted from subject access requests.
Pursuant to Section 4(9) of the Acts, personal data which is impossible to furnish or which can only be furnished after disproportionate effort is exempt from the scope of a subject access request. We have not furnished personal data which cannot be extracted from our platform in the absence of disproportionate effort.
It seems hard to believe that a sophisticated, leading-edge company like Facebook can't pull out all the information about one user – the basic node of the social network - without "disproportionate effort", but that's not the real issue here. Alongside all that terrible effort, Facebook cited another reason for refusing to give Schrems the missing details:
Section 4(12) of the Acts carves out an exception to subject access requests where the disclosures in response would adversely affect trade secrets or intellectual property. We have not provided any information to you which is a trade secret or intellectual property of Facebook Ireland Limited or its licensors.
Claiming that certain aspects of your personal data is "a trade secret or intellectual property of Facebook Ireland Limited or its licensors" seems pretty extraordinary. Schrems is not letting things rest there, though, and has contacted the Irish Data Protection Commissioner to pursue the matter further. Meanwhile, Facebook has released a statement on the matter:
We are cooperating fully with the Irish Data Protection Commissioner who will come to a view on Mr Schrems’ complaint in due course.
I can hardly wait for that view - and for Facebook's response if it requires the release of some "proprietary" data.
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Filed Under: europe, intellectual property, personal identity
Companies: facebook
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The real trade secret
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Re: The real trade secret
What troubles me more than anything else is not persons/companies who rely upon copyright law, but the incremental expansion of so many social media companies into the gathering and exploitation of private information.
As of late I have noticed that Google is pursuing virtually the same path. Users are constantly filling their inventory coffers, i.e., personal data that can be marketed and sold to third parties.
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Re: The real trade secret
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Re: Re: The real trade secret
"On Feb. 5th, Jenny Doe shaved her cha cha."
WTF!!!?? HOW DID THEY GET THAT!!?!??
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Re: Re: Re: The real trade secret
Patented "5 o'clock shadow recognition" software backdated it from Feb. 8th appearance of said "cha cha" in "Drunken Photo Post #1184" entitled "OMG! Heatherz 21st bday! ROFL!"
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Re: Re: Re: The real trade secret
off all those "Friend" links plus a monster AI program
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Re: The real trade secret
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They apparently track everything
My coworker reported where I work, my family marks me as their family member, a fellow High School graduate recorded the year and school of my graduation. Talk about a playground for identity thieves.
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Facebook == evil
1984 was a Disney fairy tale. facebook is the real big brother.
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Re: Facebook == evil
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Follow me @glynmoody ... on Google+
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Re: Follow me @glynmoody ... on Google+
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Re: Follow me @glynmoody ... on Google+
From where I'm sitting, Google and Facebook are competitors in the same game - the game of using your information to better target you with advertising.
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Re: Re: Follow me @glynmoody ... on Google+
That would be why they created Buzz and now G+
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Perhaps this is just a plan to keep people from defecting.... ;>
If they claim that your personal data is a Trade Secret, then perhaps they are hoping to keep you from illegally sharing it with their competitors..... ;>
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"FREE!" not only isn't free, but the price is too high.
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Re:
Their "business model" is similar to TV. In Television what is sold is audience and it is sold to the advertisers
in FoolsBook it's the same: you are being sold.
everytime you see something for "free" it is good to ask: who is selling what to whom.
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The frightening aspect is that masses of dolts /give/ it away.
But I think the people are beginning to see the traps in these honey-pots.
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I think you're jumping to conclusions. The letter says that disclosures which would adversely affect their IP need not be made. They DO NOT say that this person's personal information sought here is in fact protected IP. They are speaking in generalities. It's just as likely that information the person seeks isn't being released because of the "disproportionate effort" exception.
That's OK, though. Good enough for Techdirt.
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You don't own your metadata
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Facebook could tell you about your life . . .
Because that information is trade secret.
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Otherwise, I think the data disclosure requirements imposed on private companies are absurd. As long as the original gathering is legal, it's not your data anymore. It's their data.
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meh
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Re: meh
someplace last week i read that 30% of the time people spend online goes to FB. and suckerberg ain't happy. like AOL of the past: he want's it all.
AOL's model stagnated. it can't happen soon enough for fools' book
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The "social" aspects of these networks are the method by which that data is generated. They are marketed based on the methods by which members can be used by them but not on what their purpose is.
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Comment from Facebook
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Re: Comment from Facebook
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and in related news ...
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Comment from Facebook
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and then he
then he said
he said ,
said , why
, why do
why do n't
etc. Now, if that's been compiled somewhere, and it's all cluttered up with other data, from various other users, then they have a good reason why it's impractical to extract whatever came from you (as well as being a trade secret).
Of course, if you don't want companies gathering that sort of data, don't give them your private info … join diasp.org or something instead :-)
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Get more YouTube subscribers
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