Let’s face facts on privacy

Facebook has been criticised by the EU’s group of data protection authorities for making fundamental changes to users’ default privacy settings.

The criticism has been prompted because the new default settings would allow a user’s private information to be accessed by anyone on the internet – including search engines – unless the user makes changes to tighten the settings. Although users were informed about the changes, and given the opportunity to amend the settings, the criticism questions whether it fair to expect users to have to react to and understand the implications of a change imposed on them.

Research carried out for the UK’s Information Commissioner’s Office in 2008 showed that nearly half of users believe that a company’s small print is designed to be as woolly as possible, and to allow them to make money by selling on customers’ details. But despite this cynicism, nearly three quarters of the users surveyed admitted to not reading or understanding the small print properly. This attitude suggests why it is important that the default settings should be privacy-friendly for users.

Although the legal issues are complex and in some cases have not been established, it is arguable that the users’ information has all been posted by them voluntarily. However, the criticism has also identified another area of concern – where a user has posted within their profile or page some information relating to someone else without their consent (for example, where you find yourself “tagged” in a photo uploaded by a friend).

The willingness of users to post personal information contrasts with the view of the internet as an anonymous and unregulated space, but shows how it is necessary for companies like Facebook to offer users some form of default protection – from themselves.

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Chris Pulham is a partner and head of the IT/IP department at City firm Rosenblatt solicitors.