According to a new complaint filed by the attorneys general of 33 states, Meta collected the data of millions of underage users on Instagram.
As reported by The New York Times (At Meta, Millions of Underage Users Were an ‘Open Secret,’ States Say, written by Natasha Singer and available here), Meta has received more than 1.1 million reports of users under the age of 13 on its Instagram platform since early 2019 yet it “disabled only a fraction” of those accounts, according to a newly unsealed legal complaint against the company brought by the attorneys general of 33 states.
Instead, the social media giant “routinely continued to collect” children’s personal information, like their locations and email addresses, without parental permission, in violation of a federal children’s privacy law, according to the court filing. Meta could face hundreds of millions of dollars, or more, in civil penalties should the states prove the allegations.
“Within the company, Meta’s actual knowledge that millions of Instagram users are under the age of 13 is an open secret that is routinely documented, rigorously analyzed and confirmed,” the complaint said, “and zealously protected from disclosure to the public.”
The privacy charges are part of a larger federal lawsuit, filed last month by California, Colorado and 31 other states in U.S. District Court for the Northern District of California. The lawsuit accuses Meta of unfairly ensnaring young people on its Instagram and Facebook platforms while concealing internal studies showing user harms. And it seeks to force Meta to stop using certain features that the states say have harmed young users.
The unsealed filing said that Meta “continually failed” to make effective age-checking systems a priority and instead used approaches that enabled users under 13 to lie about their age to set up Instagram accounts. It also accused Meta executives of publicly stating in congressional testimony that the company’s age-checking process was effective and that the company removed underage accounts when it learned of them — even as the executives knew there were millions of underage users on Instagram.
In a statement on Saturday, Meta said that it had spent a decade working to make online experiences safe and age-appropriate for teenagers and that the states’ complaint “mischaracterizes our work using selective quotes and cherry-picked documents.”
It’s just the latest in a series of claimed data privacy violations and issues related to Meta – just in the past year. Here are links to a few others I’ve covered in the past 12 months: here, here, here and here.
So, what do you think? Are you surprised that Meta is being accused of collecting the data of millions of underage users on Instagram? Or surprised that it didn’t happen sooner? Please share any comments you might have or if you’d like to know more about a particular topic.
Disclaimer: The views represented herein are exclusively the views of the authors and speakers themselves, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.
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