Data experts on Facebooks GDPR changes: Expect lawsuits

Make no mistake: Fresh battle lines are being drawn in the clash between data-mining tech giants and Internet users over people’s right to control their personal information and protect their privacy.

An update to European Union data protection rules next month — called the General Data Protection Regulation — is the catalyst for this next chapter in the global story of tech vs privacy.

A fairytale ending would remove that ugly ‘vs’ and replace it with an enlightened ‘+’. But there’s no doubt it will be a battle to get there — requiring legal challenges and fresh case law to be set down — as an old guard of dominant tech platforms marshal their extensive resources to try to hold onto the power and wealth gained through years of riding roughshod over data protection law.

Payback is coming though. Balance is being reset. And the implications of not regulating what tech giants can do with people’s data has arguably never been clearer.

The exciting opportunity for startups is to skate to where the puck is going — by thinking beyond exploitative legacy business models that amount to embarrassing blackboxes whose CEOs dare not publicly admit what the systems really do — and come up with new ways of operating and monetizing services that don’t rely on selling the lie that people don’t care about privacy.

More than just small print

Right now the EU’s General Data Protection Regulation can take credit for a whole lot of spilt ink as tech industry small print is reworded en masse. Did you just receive a T&C update notification about a company’s digital service? Chances are it’s related to the incoming standard.

The regulation is generally intended to strengthen Internet users’ control over their personal information, as we’ve explained before. But its focus on transparency — making sure people know how and why data will flow if they choose to click ‘I agree’ — combined with supersized fines for major data violations represents something of an existential threat to ad tech processes that rely on pervasive background harvesting of users’ personal data to be siphoned biofuel for their vast, proprietary microtargeting engines.

This is why Facebook is not going gentle into a data processing goodnight.

Indeed, it’s seizing on GDPR as a PR opportunity — shamelessly stamping its brand on the regulatory changes it lobbied so hard against, including by taking out full page print ads in newspapers…