With the start of the 2020 Supreme Court term, two landmark cases concerning social media and the protection of users are part of the docket this year. The cases claim that the personal data of users in Texas and Florida are being sold for litigation without their consent, a violation of the First Amendment.
The cases originated in a few distinct sets of facts. In Texas, a digital discovery company stored the social media data of a deceased minor who had allegedly been sexually abused. However, the company never received the family’s approval to use the data. In Florida, the personal information of an individual was harvested via a third-party app without their consent and then sold for litigation despite them trying to delete the account.
These cases are particularly important because they put the privacy of individuals at risk and push the limits of what is and is not permissible when it comes to the commodification of personal data on the internet. In both situations, third-parties had accessed and sold on personal data which they were not allowed to do.
Mostly, these cases will serve to determine the extent of accountability companies can have when it comes to harvesting and selling data. It could potentially result in more strict requirements for companies and third-parties to obtain user consent before taking data from any platform they don’t own, thus offering users a greater chance of protecting their own data.
The two cases have been further sent to mediation between the individuals involved, but both of them will eventually end up at the Supreme Court and could become historic decisions. If the cases end up in favor of the plaintiffs, it could have a massive influence on the future of data protection on the internet. It is important that these cases be taken seriously and that everyone understands the implications they could have on our fundamental rights.
