Opportunity for Redress: Joining the Meta Data Protection lawsuit

German Facebook users now have the opportunity to seek compensation for a significant data breach that exposed the personal data of millions. The Federation of German Consumer Organizations (vzbv) has initiated a class action lawsuit against Meta, FacebookS parent company, following a massive data scraping incident. The Federal Office of Justice has officially opened the registry for affected individuals to join the legal action.

The Facebook Data Scraping Incident: A Breach of Trust

The lawsuit stems from a 2018 data protection incident where unauthorized parties systematically harvested personal data from hundreds of millions of Facebook users through automated processes, a technique known as “scraping.” Facebook confirmed that its developer API was exploited to collect user data on a large scale. In 2019, a staggering 419 million data records surfaced online, raising serious concerns about data security and user privacy. Now, German users impacted by this breach can pursue their claims through this collective legal action.

“With the BGH ruling behind it, the vzbv is committed to ensuring that those affected by the Facebook data leak are financially compensated,”

Jutta Gurkmann, vzbv

Landmark Ruling Paves the Way for Compensation

A pivotal ruling by the Federal Court of Justice (BGH) in November established a crucial precedent regarding non-material damages in cases of data breaches. The court determined that the loss of control over personal data, such as in the mass scraping of inadequately protected information, constitutes sufficient grounds for claiming damages. this ruling significantly strengthens the legal basis for the class action lawsuit against Meta.

Eligibility and Registration for the Class Action

To be eligible to join the lawsuit,individuals must have had public personal data stored in a Facebook profile during 2018 or 2019. Those meeting this criterion can register their claims with the Federal Office of Justice. This centralized registration process simplifies the process for affected users to participate in the legal action.

Potential Compensation: vzbv Estimates Up to €600 in Damages

The vzbv estimates that affected individuals could receive up to €600 in compensation. The actual amount will depend on the extent of data accessed in the breach, considering factors such as whether email addresses, Facebook IDs, dates of birth, places of residence, relationship statuses, and telephone numbers were compromised. The consumer protection institution has provided a guide to help potential claimants assess their eligibility and the potential value of their claims.

Financial Implications for Meta: A Perhaps Costly Data Leak

This model declaratory action, managed by consumer associations, shields consumers from financial risk. The process culminates in either a settlement or a declaratory judgment. Should the plaintiffs prevail, affected individuals can then pursue their claims through a streamlined procedure if Meta does not voluntarily acknowledge them. This legal avenue is independent of data protection enforcement by supervisory authorities. The Irish Data Protection Commission already fined Meta €265 million in 2022 for the same incident.Widespread participation by German Facebook users in this lawsuit could significantly escalate Meta’s financial burden resulting from the data leak.

The Broader Context: Data Privacy Concerns and Regulatory Scrutiny

This lawsuit highlights the growing concerns surrounding data privacy and the increasing regulatory scrutiny faced by tech giants like Meta. According to recent statistics, data breach incidents have risen by 15% globally in the past year, underscoring the urgent need for stronger data protection measures and greater accountability for companies handling sensitive user information. This case serves as a reminder of the importance of safeguarding personal data and the potential consequences of failing to do so.