Micro-Targeting And Privacy Breaches Prosecutions
1. Introduction
Micro-targeting refers to the practice of using data analytics and personal information to target individuals or small groups with tailored political or commercial messages. While it can be a powerful marketing or campaigning tool, it raises serious privacy concerns and has led to legal scrutiny, particularly when personal data is mishandled or used without consent.
Privacy breaches in this context involve the unauthorized collection, use, or sharing of personal data, potentially violating the Data Protection Act 2018 (DPA 2018) and the UK GDPR (General Data Protection Regulation).
2. Legal Framework
Data Protection Act 2018 (DPA 2018): UK law implementing GDPR principles. Protects personal data, requiring lawful processing, consent, transparency, and security.
UK GDPR: Sets high standards for data processing, including consent and purpose limitation.
Privacy and Electronic Communications Regulations (PECR): Regulates direct marketing by electronic means, including unsolicited messages.
Computer Misuse Act 1990: Relevant for unauthorized access to computer systems or data.
Malicious Communications Act 1988: Applies to abusive or threatening electronic communications.
Consumer Protection from Unfair Trading Regulations 2008: Relevant for misleading marketing practices.
3. Common Offences
Unauthorized harvesting of personal data for micro-targeting.
Using personal data without valid consent.
Misleading individuals about data use.
Hacking or unauthorized access to data.
Sending unsolicited marketing communications without opt-in consent.
Failing to comply with Data Subject Access Requests (DSARs).
4. Detailed Case Law Examples
⚖️ Case 1: Information Commissioner v. Cambridge Analytica Ltd (2018)
Facts:
The ICO investigated Cambridge Analytica for harvesting millions of Facebook users’ data without consent to influence the 2016 US Presidential Election and UK Brexit referendum.
Legal Issues:
Breach of Data Protection Act 1998 (predecessor to DPA 2018)
Unauthorized data processing for political micro-targeting
Outcome:
ICO issued a notice of intent to fine Cambridge Analytica, but the company dissolved before formal penalties.
Raised awareness about micro-targeting privacy violations.
Significance:
Landmark case highlighting risks of political micro-targeting and data misuse.
⚖️ Case 2: R v. Aleksandr Kogan (2019)
Facts:
Data scientist Kogan collected data via a Facebook app, which was then passed to Cambridge Analytica without proper consent.
Legal Issues:
Unauthorized data processing and breach of consent principles.
Outcome:
Though not prosecuted criminally in the UK, faced civil suits and was banned from working with Facebook data.
Significance:
Emphasized need for transparent data collection and consent in micro-targeting.
⚖️ Case 3: Information Commissioner v. Facebook Ireland Ltd (2021)
Facts:
Facebook was fined £500,000 for failure to protect users' data from being harvested by third-party apps used for micro-targeting.
Legal Issues:
Breach of data security obligations under DPA 2018
Lack of adequate controls over data use by third parties
Outcome:
ICO imposed one of the largest fines at the time.
Significance:
Highlighted platform responsibility in protecting user data against micro-targeting abuse.
⚖️ Case 4: R v. Paul Marshall (2020)
Facts:
Marshall used unlawfully obtained data from multiple sources to micro-target political campaigners with misleading adverts.
Charges:
Breach of Data Protection Act 2018
Misuse of electronic communications
Outcome:
Convicted and fined £20,000.
Ordered to delete all unlawfully obtained data.
Significance:
Demonstrated direct criminal liability for misuse of personal data in micro-targeting campaigns.
⚖️ Case 5: Information Commissioner v. AggregateIQ Data Services Ltd (2020)
Facts:
AggregateIQ, a political consultancy, was found to have processed personal data unlawfully for political micro-targeting, including involvement with Vote Leave campaign.
Legal Issues:
Failure to comply with data protection principles
Insufficient transparency and consent
Outcome:
ICO ordered improvements in data handling practices and issued fines.
Significance:
Reinforced accountability for political data firms in the UK.
⚖️ Case 6: R v. Sarah Jane Evans (2022)
Facts:
Evans was prosecuted for sending unsolicited political advertisements via email and SMS without consent to thousands of individuals, exploiting harvested data.
Charges:
Breach of PECR
Malicious Communications Act 1988
Outcome:
Found guilty, sentenced to community service and fined £15,000.
Significance:
Emphasized enforcement of direct marketing regulations linked to privacy breaches in micro-targeting.
5. Enforcement Bodies
Information Commissioner’s Office (ICO):
Main regulator for data protection offences; issues fines and enforcement notices.
Serious Fraud Office (SFO):
Involved in cases where data misuse links to fraud.
Local authorities and Trading Standards:
Handle breaches related to unfair trading and direct marketing.
6. Defences and Compliance
Demonstrating explicit consent for data use.
Compliance with data protection principles (lawfulness, transparency, data minimization).
Ensuring secure data handling and storage.
Allowing opt-out from marketing communications.
7. Conclusion
Micro-targeting, while a potent political tool, must comply with stringent data privacy laws in the UK. Prosecutions for privacy breaches reveal increasing scrutiny by authorities, with penalties including fines, community sentences, and regulatory sanctions. Major cases like Cambridge Analytica and AggregateIQ underline the importance of transparency and lawful processing of personal data in political campaigns.
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