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Facebook’s trial over a privacy scandal that erupted during the 2016 US election when the political consulting firm Cambridge Analytica bought user data harvested from millions of profiles has begun in New Mexico.
Attorney Randi McGinn, representing New Mexico, told jurors that Cambridge Analytica had used Facebook profile data to target Democratic voters with messaging such as “Hillary’s got it, you don’t need to vote” in an alleged attempt to reduce voter turnout.
Cambridge Analytica’s clients included the 2016 campaign for Donald Trump. Cambridge Analytica closed in 2018 as a result of the scandal.
In court documents, New Mexico argues Facebook failed to alert or protect users from a personality quiz on the social platform that harvested data from roughly 87 million Facebook profiles. The data was then sold to Cambridge Analytica.
During opening statements, Facebook’s attorney, Dane Butswinkas, said the social media company investigated suspicious third-party apps after the breach. Butswinkas told jurors the state’s evidence is outdated because safeguards have improved.
The trial in Santa Fe comes two weeks after 48 US states reached a landmark settlement with Meta over child safety concerns and privacy issues surrounding the same data breach.
So far, New Mexico is the only state that has pushed the case to trial. Court proceedings are expected to last four weeks.
Butswinkas argued that Facebook has come a long way since the Cambridge Analytica data breach.
He said Facebook has conducted independent investigations and tried to stop suspicious third parties harvesting user data following the Cambridge Analytica revelations. Facebook also banned apps and referred suspicious developers to regulators, he said.
The state’s lawsuit was filed in 2021, and Butswinkas told jurors that much of the state’s evidence is outdated. “You’re going to have a hard time stacking up the evidence of what they actually did, and what they actually said, and find it unconscionable.”
McGinn told jurors Facebook flagged more than 2,000 apps internally but did not alert users or force apps to delete data, which she said was to avoid public fallout. Facebook makes nearly all of its revenue from advertising sales.
Butswinkas told jurors that individual users have the power to choose what data can be shared with advertisers and that the company has worked to reduce misinformation on the platform.
The trial will include a video deposition of Meta founder and chief Mark Zuckerberg.
The state is seeking the maximum civil penalties under New Mexico law: up to $5,000 per violation, and an injunction to halt future breaches of user data.
The state estimates about 350,000 residents were exposed to the Cambridge Analytica breach. But McGinn asked jurors to consider that the harm caused by Facebook extended to all New Mexicans, more than two million people, and that each individual affected could be a violation under the act.
Jurors will decide how many times Facebook violated the state’s Unfair Practices Act, but the judge will ultimately determine how much the company will pay per violation.
In August, Meta agreed to pay up to $18bn to settle the multi-state suit surrounding child safety issues.
Buried in the 130-page settlement was an agreement to release Meta from future liability related to the Cambridge Analytica privacy breach, making New Mexico the only state to pursue a case. Florida was the only other state that did not sign the settlement, claiming it was not tough enough on Meta.
