ACCC Sues Facebook Over VPN Use, Gets Data Without Permission

The Australian Competition and Consumer Commission (ACCC) sued Facebook Inc. on Wednesday, December 16, 2020, following accusations of spying over its users with the use and promotion of a virtual private network (VPN) called Onavo Protect.

According to Reuters, the Australian regulator accused the social media network of collecting user data without the knowledge and permission of users through Onavo.

Furthermore, the news site states that Facebook also misled consumers to think that the Onavo Protect mobile app would keep user data private. In reality, however, the virtual private network app was being leveraged to gather information to provide analytical data over to Facebook.

ACCC Sues Facebook Over VPN Use

Reuters states that the analytical data in question was used for research purposes as well as determining acquisition targets.

Meanwhile, The Sydney Morning Herald said that various media reports in the past revealed that the data obtained from the mobile app in question was used to target WhatsApp for its potential acquisition.

In a statement, chairman of the ACCC Rod Sims said, “Through Onavo Protect, Facebook was collecting and using the very detailed and valuable personal activity data of thousands of Australian consumers for its commercial purposes, which we believe is completely contrary to the promise of protection, secrecy, and privacy that was central to Facebook’s promotion of this app.”

Sims continued that the app “deprived Australian consumers of the opportunity to make an informed choice about the collection and use of their personal activity data by Facebook and Onavo.”

In its lawsuit, Tech Crunch states the Australian regulator alleges that the Israel-based virtual private network Onava ran between February 1, 2016, until October 2017.

When asked to comment on the lawsuit, Tech Crunch states that a Facebook spokeswoman said, “When people downloaded Onavo Protect, we were always clear about the information we collect and how it is used.”

The Sydney Morning Herald reports that the declarations of using the app were made clear, with its Google Play store app saying mobile data would be collected and analyzed for use by Facebook. However, Sims said that this is still largely misleading, with the app being promoted as a means to protect users.

The company spokesperson also said that they will continue to review and defend their position accordingly. They have also cooperated with the Australian Competition and Consumer Commission regarding the suit.

Facebook has since shut down the Onavo Protect mobile app in 2019. Tech Crunch states this company action follows backlash from the public over its misuse and misrepresentation of the virtual private network.

Following the lawsuit, The Sydney Morning Herald states the ACCC is aiming to have the Federal Court declare that such practice is illegal, allowing it to set a precedent on what tech companies can do or say to its users.

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