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Facebook Launches Appeal Against ICO Fine

Ross Kelly

,

Christopher Wylie DataFest 19

The social media firm said the ICO ruling was unjustified.  

Facebook has appealed a fine handed down by the Information Commissioner’s Office for its involvement in the Cambridge Analytica Scandal.  

The social media giant said that, due to the fact the regulator found no evidence of inappropriate data handling, the fine was unjustified.  

Under ICO rules, the maximum fine the regulator can impose on an organisation or company is £500,000.  

Serious Breach  

In October, the information watchdog claimed Facebook had failed to carry out suitable checks on a number of apps and developers, which amounted to a “serious breach of the law.”  

Yesterday marked the final day the US-based company was eligible to challenge the ruling. 

In a statement, Facebook’s lawyer, Anna Benckert, said: “The ICO’s investigation stemmed from concerns that UK citizens’ data may have been impacted by Cambridge Analytica, yet they now have confirmed that they have found to evidence to suggest that information of Facebook users in the UK was ever shared by Dr Kogan with Cambridge Analytica, or used by its affiliates in the Brexit referendum.” 

Benckert argues that “the core” of the ICO’s case no longer relates to the Cambridge Analytica scandal, and instead breaches fundamental principles of “how people should be allowed to share information online.” 

She added that the precedent set by such a ruling could have implications which “go far beyond just Facebook.” 

The General Regulatory Chamber tribunal will consider Facebook’s challenge, and if it finds sufficient reason to support the social media company’s claim, it can take the case to the Court of Appeal.  

A spokesperson for the ICO commented: “Any organisation issued with a monetary penalty notice by the Information Commissioner has the right to appeal the decision to the First-tier Tribunal.  

“The progression of an appeal is a matter for the tribunal.” 

Historic Scandal 

The Cambridge Analytica scandal first emerged when an academic working at the University of Cambridge, Dr Aleksandr Kogan, was found to have used a Facebook personality quiz to harvest the details of up to 87 million Facebook users.  

These details were then shared with Cambridge Analytica, which subsequently used this data to target political ads in the US – and later the UK.  

Cambridge Analytica claimed that data belonging to around 30 million people had been licensed to them, and a subsequent investigation by the ICO found no evidence that UK citizens were included in this.  

Despite this conclusion, the ICO imposed its maximum fine on Facebook under the auspices that UK-based users had been “put at risk” and the firm had failed to act accordingly.  

Ross Kelly

Staff Writer & Researcher

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