Meta Found Guilty of Unlawfully Collecting Sensitive Menstrual and Fertility Data

In a landmark ruling regarding privacy, Meta has been found guilty of collecting sensitive menstrual and fertility data from Flo users without their awareness or consent. This decision stems from a class-action lawsuit initiated in 2021, which represents over 3.7 million users in the US who registered with the app between November 2016 and February 2019.

Details of the Case

The lawsuit disclosed that Meta’s software development kit (SDK) integrated within the Flo app transmitted “App Event” data back to Facebook whenever users interacted with specific features, especially those concerning fertility, such as the “trying to get pregnant” section. This data encompassed period dates, sexual activity, mental health insights, and additional personal information.

Reactions to the Verdict

Despite Meta’s assertion that it has never accessed personal health information and that it prohibits developers from transmitting such data, the jury reached a different conclusion.

Michael P. Canty and Carol C. Villegas, the lead attorneys for the plaintiffs, stated, “This verdict sends a clear message about the protection of digital health data and the responsibilities of Big Tech. Companies like Meta that covertly profit from users’ most intimate information must be held accountable.”

Other Defendants in the Lawsuit

Additional companies mentioned in the lawsuit, including Google, Flo itself, and analytics firms such as AppsFlyer and Flurry, opted to settle outside of court. Meta stood as the only defendant to contest the case at trial.

Meta’s Response

In reaction to the ruling, a spokesperson for Meta stated, “We vigorously disagree with this outcome and are exploring all legal options. The plaintiffs’ claims against Meta are simply false. User privacy is important to Meta, which is why we do not want health or other sensitive information and why our terms prohibit developers from sending any.”

Next Steps for Affected Users

Individuals impacted by the case will receive notifications via email or through the lawsuit’s official website, although details regarding compensation or subsequent actions have yet to be determined.

Broader Implications

This case has sparked broader discussions regarding the use of digital health data, which is often perceived as private, by tech platforms. While period-tracking apps have become a daily staple for countless individuals, this ruling raises critical concerns about transparency, consent, and the actual control users have over their most personal information.