Access to Facebook Lookalike Audiences data
- Request to:
Facebook Data Requests
- Law used:
Data Protection Act, 1988 IE
- Status of this request:
- Request awaits classification
- Summary of Request
- Dear Facebook,
I wish to:
A. get access to any information Facebook has on the presence of any identifier associated directly or not with my account within particular Facebook Lookalike Audiences. (cf Art 4.1.a of Irish Data Protection Act)
In essence, this would allow me to understand how marketers might be able to target me with Facebook-based advertisements.
B. be informed of the legal basis for the inclusion for consideration of my profile within individual "Lookalike Audience", regardless of the outcome for each individual "Lookalike Audience"
C. obtain knowledge of the "logic of the processing" (EU Data Protection Directive Art 12 a.c and Recital 41) underlying each of the choices made, whenever my profile was considered for inclusion within a Lookalike Audience (and regardless of whether the outcome was positive or negative). In particular, I wish to understand the details of which factors were taken into consideration for each eventual decision that was taken.
D. be informed of the legal basis for including each of these particular factors in the processing, for each individual "Lookalike Audience", and in particular understand how this aligns with the recommendation of the Article 29 Working Party "Advice paper on special categories of data ("Sensitive Data")"
I remind you that the Directive defines "special categories of data" as "personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life." (Art 8.1).
I ask you in particular to consider the work of computational scientists, showing that extensive information can be deduced about each of those categories based on Facebook likes. Such a warning for instance is within the abstract of the paper http://www.pnas.org/content/110/15/58... which makes explicit mention of Facebook Likes and sensitive attributes.
E. if that is the case, obtain proof that in some specific cases my Facebook profile was not included for mere consideration for inclusion within individual "Lookalike Audience" based solely on the ultimate purpose of the processing (in line of some of the recommendations in the advice paper referred above, and similar advice papers by the same working group)
F. barring E., that Facebook at least offers proof that it has taken such considerations into account (for instance by implementing a tool similar to the tool it has used to shield itself from liability in cases of advertisements based on "ethnic affinity")
I am well aware that access to the logic of the processing is only possible in the cases covered by the Directive's Art 15.1:
"1. Member States shall grant the right to every person not to be subject to a decision which produces legal effects concerning him or significantly affects him and which is based solely on automated processing of data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc."
If such a provision is used by Facebook to limit disclosure in C, I wish, similarly to requests E. and F., to understand how Facebook made the determination of the ultimate purpose of the advertising and whether it was intended to evaluate certain personal aspects related to me.
On several of those issues, I wish to attract your attention to the fact that others have deemed Facebook's communication on the topic deficient. I refer you for instance to this report commissioned by the Belgian Privacy Commission:
I am well aware that recital (41) balances the right of access against the protection of trade secrets or intellectual property. However this recital also includes the following clause: "these considerations must not, however, result in the data subject being refused all information".
I look forward to your prompt reply.
Should Facebook refuse to give me information