London Daily

Focus on the big picture.
Friday, Sep 11, 2026

Facebook’s Privacy Settlement Argued Consumers Were Never Harmed. Experts Disagree

Facebook’s Privacy Settlement Argued Consumers Were Never Harmed. Experts Disagree

Facebook’s $5 Billion Privacy Settlement Argued Consumers Weren’t Harmed. Experts Think the Damage Was Incalculable

New documents reveal that Facebook didn’t think it harmed consumers when it allowed data from up to to 85 million accounts to be harvested by data analytics firm Cambridge Analytica in 2016.

The argument, which was documented in a February 2019 white paper obtained by The Washington Post, was part of the Federal Trade Commission’s probe into Facebook’s privacy practices that ended with a record fine of $5 billion.

At the time of the white paper, the FTC reportedly was considering hitting Facebook with a fine of tens billions of dollars—a punishment Facebook's lawyers deemed as "unconstitutional" and "unlawful." Vying leniency, Facebook’s lawyers argued that the company didn’t profit from the alleged violations of user privacy, and that consumers didn’t suffer personal injury, according to the Post.


But some privacy experts vehemently disagree.

“Personal information about political affiliation was used to micro-target people, based on the preferences and knowledge that Cambridge acquired illegally,” said David Vladeck, a Georgetown Law professor who served as the director of the FTC’s Bureau of Consumer Protection from 20019 to 2012, “The idea that that has no value… is simply ridiculous.”

Vladeck said that the damage associated with lost data often times is impossible to fix, and therefore equally impossible to quantify in dollars. But that doesn’t mean there's been no harm, he said.

As an example, he referred to Ashley Madison, the website that facilitated affairs for married people. In 2015, hackers leaked personal information, including full names and email addresses, of 36 million people using the service. The result was irreparable harm that included destroyed marriages and even suicides, Vladeck said.

“How do you monetize losing a loved one?” he said.

In Facebook’s case, personal data was used to influence people’s votes in the 2016 presidential election: “Who knows what they would’ve done if they hadn’t seen the ads,” Vladeck said.

Jim Steyer, CEO of Common Sense Media, said Facebook’s attempted defense is a clear sign that even stricter regulations should be imposed on the company.

“What Facebook's very own words show is exactly what we've been saying for years, which is that this company does not believe violating the privacy of consumers is harmful,” he said. “Their business model is based on the data of its users and they are going to continue to do everything they can to profit off of the information they collect."

And Facebook users are still claiming harms by Facebook, according to The Electronic Privacy Information Center.

The organization said it has uncovered more than 32,000 complaints against Facebook, many of which are related to privacy. Since the FTC settled with the company, EPIC has urged the House Appropriations Committee to further investigate the complaints.

But Chris Hoofnagle, faculty director of the Berkeley Center for Law & Technology, said Facebook’s defense is a “perfectly fine legal argument.” That’s because it attempts to address two of the FTC’s factors in determining a civil penalty: whether there was injury to the public and whether there was a desire to eliminate the benefits derived by the violation.

Jane Bambauer, director of the Program on Economics & Privacy at George Mason University Law School, said that in cases like Facebook’s, defining “harm” is becoming increasingly difficult and complex.

Either way, the fact that Facebook used the argument in an attempt to lower a potential fine was pointless, said Georgetown’s Vladeck. The Cambridge Analytica incident proved that Facebook had broken an earlier agreement it made with the FTC about how it would manage users’ data, thus the fine, he said.

“It’s not intended to compensate consumers,” Vladeck said. It’s “to punish Facebook for violating its consent decree… and to send signals to other actors in marketplace, which is, ‘Don’t be Facebook.’”

Newsletter

Related Articles

0:00
0:00
Close
English Councils to Gain Power to Introduce Tourist Taxes by 2028
Kemi Badenoch Reshuffles Conservative Shadow Cabinet
Firefighters Make Progress Containing Major Wildfires in South Wales
John Lewis Partnership Reports £124 Million Loss
Study Says UK AI Data Centres Will Create Only a Quarter of Forecast Jobs
UK Government Considers Higher Industrial Water Prices Amid Supply Pressures
Andy Burnham Holds First Call With Donald Trump as UK Prime Minister
NHS Records Busiest Summer on Record as Heatwaves Drive Hospital Admissions
Home Secretary Orders Police Crackdown on Far-Right Anti-Migrant Vigilantes
UK Supreme Court Rules Northern Ireland Religious Education Curriculum Breaches Human Rights Standards
Markets Price in Four Bank of England Rate Rises by Next Summer
House of Commons Prepares Free Vote on Assisted Dying Bill
UK Government Bans Trade With Israeli Settlements in Occupied Territories
UK Economy Grows 0.4% in July as Artificial Intelligence Investment Supports Expansion
Andy Burnham Becomes UK Prime Minister After Keir Starmer Resigns
John Lewis Partnership Loss Widens to £124 Million
UK Government to Put White Working-Class Social Mobility at Centre of Equality Policy
McLaren Plans £450 Million Technology Investment Creating 1,000 UK Jobs
UK Chancellor Faces Calls for Wealth Taxes and Public Ownership in Autumn Budget
English Mayors to Gain Powers to Impose Uncapped Overnight Tourist Taxes
JPMorgan’s Jamie Dimon Warns UK Government Against Bank Windfall Taxes
UK Air Traffic Control Outage Cancels More Than 2,000 Flights
UK Imposes Trade Ban on Israeli Settlements in the West Bank
UK Borrowing Costs Surge as Middle East Tensions Push Long-Term Gilt Yields to Highest Since 1998
Buckingham Palace Says Prince Harry and Meghan Will Not Resume Official Royal Duties
UK Treasury Faces Calls to Scrap £100,000 Childcare Support Threshold
Trades Union Congress Urges Labour Government to Rewrite Migration Policy
Riot Police Deployed After Anti-Migrant Protests Turn Violent in Portsmouth
UK Considers Replacing Some Disability Cash Payments With Direct Services
JPMorgan’s Jamie Dimon Warns UK Chancellor Against Higher Banking Taxes
UK Announces New Sanctions Targeting Israeli Settlements in West Bank
Metropolitan Police Investigate Alleged Illegal Donations to Reform UK
UK Charges Wiltshire Man With Assisting Russian Intelligence
UK Orders Urgent Review After Air Traffic Failure Cancels More Than 2,000 Flights
Merz Rebukes AfD Expansion in Saxony-Anhalt
King Charles Confirms Prince Harry and Meghan Will Remain Private Citizens
Labour Selects Former Child Refugee for By-Election in Keir Starmer’s Former Seat
Foreign Private Equity Accelerates Takeovers of London-Listed Industrial Companies
NHS Maternity Care Faces Scrutiny Over Support for Mothers After Caesarean Births
BBC Warns Staff Strikes Are Likely Amid Job Cuts and Programme Cancellations
English Housing Affordability Improves to Best Level in More Than a Decade
UK Health Commission Proposes Framework for Wider AI Adoption Across NHS
Labour Faces Pressure for Wealth Tax Ahead of Autumn Budget
Metropolitan Police Open Criminal Investigation Into Alleged Foreign Donations to Reform UK
UK Police Deploy Riot Officers After Anti-Immigration Unrest in Portsmouth and Dover
UK Defends Sanctions on Israeli Settlements Despite Diplomatic Retaliation
UK Air Traffic Control Failure Cancels More Than 1,000 Flights and Disrupts 65,000 Passengers
Compass Urges £10 Million Wealth Tax and Public Ownership Ahead of UK Autumn Budget
UK Government’s Devolution Plans Face House of Lords Scrutiny
Maldives Seeks New Chagos Sovereignty Talks With UK Prime Minister Andy Burnham
×