Social Media Privacy and Explicit Consent for Personal Data

Introduction

The use of social media platforms has become increasingly prevalent in our daily lives. We use them for communication, entertainment, and even to share our personal experiences. However, the issue of privacy on social media has raised serious concerns over the collection and use of personal data by these platforms. While some argue that sharing personal information is necessary for a platform's functionality and advertising purposes, the collection and use of personal data without explicit consent is a violation of privacy rights.

Should social media companies be able to collect users' data without more explicit permission? Social media platforms should not collect and use personal data without explicit consent, because doing so infringes on users' privacy rights. Users have the right to control their personal information and should be able to choose what they share. One might object that collecting personal data is necessary for the platform's functionality and targeted advertising, which can benefit both users and the platform. However, while targeted advertising may have its advantages, those advantages do not justify compromising user privacy. Moreover, social media platforms can function without collecting personal data, as demonstrated by privacy-focused alternatives that neither collect nor share user data. In addition, the use of personal data by these platforms can lead to potential misuse and abuse by third-party companies — or by the platforms themselves — resulting in negative consequences such as identity theft or data breaches. It is therefore crucial that social media platforms respect and prioritize their users' privacy by obtaining explicit consent before collecting and using personal data.

The Case Against Unconsented Data Collection

Social media platforms have been collecting user data for years without explicit consent, using it to generate revenue through targeted advertising. This practice has raised significant ethical and legal concerns. Users' personal data — including location, browsing history, and search queries — is sensitive and should only be collected with the user's informed consent. The European Union's General Data Protection Regulation (GDPR) mandates that platforms obtain explicit consent from users before collecting and using their data.¹ This regulation ensures that users retain control over their data and are aware of how their information is being used.

Social media companies do not need to harvest users' data in order to function and survive. Privacy-focused social media platforms such as Mastodon and Diaspora have gained popularity precisely by offering alternatives to traditional platforms that collect user data. These platforms are designed to prioritize user privacy by not collecting or sharing user data with third-party companies, demonstrating that viable social media services can exist without invasive data practices.

Furthermore, data harvesting opens the door to serious abuses. Social media platforms' targeted advertising practices have raised concerns about the use of personal data to influence user behavior. The Cambridge Analytica scandal — in which a political consulting firm harvested data from millions of Facebook users without their consent in order to influence political outcomes — is a stark example of how data can be misused. It is therefore essential to prioritize users' privacy rights to prevent similar incidents in the future.

Social media platforms have also been accused of selling user data to third-party companies without user consent, creating the potential for misuse and abuse of personal information. Users have no way of knowing who these third parties are or what their intentions might be. They entered into an agreement with the social media platform when they began using its services, but the lack of transparency about downstream data sharing creates significant uncertainty and danger. Only through informed consent can users take ownership of decisions about what data they share and with whom. This approach would create transparency and accountability for both the platform and the user.

Conclusion

Social media platforms have an ethical and legal obligation to prioritize user privacy and to obtain explicit consent before collecting and using personal data. Users have the right to control their personal information and to be informed about how their data is being used. Privacy-focused alternatives have demonstrated that it is possible to provide social media services without compromising user privacy. It is crucial for social media platforms to adopt similar privacy-focused policies, implement stronger security measures, and prioritize user privacy in order to ensure that privacy rights are genuinely protected.

Privacy matters profoundly. Without the right to privacy, no one can be truly safe or secure. Social media platforms should prioritize their users' privacy rights by obtaining explicit consent before collecting and using personal data. While targeted advertising may be beneficial, it does not outweigh the importance of user privacy. Obtaining explicit consent ensures that users are aware of the data being collected and how it is being used, allowing them to make an informed decision about whether or not to share their information. Social media platforms have a responsibility to protect their users' privacy rights, and obtaining explicit consent is a necessary step toward fulfilling that responsibility. Failure to do so risks eroding fundamental rights in ways that could have far-reaching consequences for personal sovereignty and individual freedom.

Bibliography

Hoofnagle, Chris Jay, Bart Van Der Sloot, and Frederik Zuiderveen Borgesius. "The European Union general data protection regulation: what it is and what it means." Information & Communications Technology Law 28.1 (2019): 65–98.

Tahaei, Mohammad, et al. "Deciding on Personalized Ads: Nudging Developers About User Privacy." SOUPS @ USENIX Security Symposium. 2021.