Government denies sharing Facebook reply on Cambridge Analytica citing security concerns

[dropcap]I[/dropcap]n response to an RTI application filed on June 8, 2018 regarding the breach and disclosure of user data of Facebook users collected by Cambridge Analytica, the Department of Electronics and Information Technology of the Ministry of Electronics and Information Technology has furnished an incomplete response. The RTI request was in light of the controversial UK political consultancy’s parent firm Strategic Communications Laboratories’ (SCL) alleged involvement with Janata Dal (United) with the latter as a client for the 2010 Bihar elections, as well as reports of the company’s representatives reaching out to the Indian National Congress and the Bharatiya Janata Party to secure deals for the 2019 general elections.

Cambridge Analaytica came under the spotlight when its influence on the 2016 US presidential elections came to the fore. The firm harvested data of 87 million Facebook users by exploiting a loophole in the social media giant’s application programming interface (API). This profiling enabled the Trump’s campaign to run targeted digital and television campaigns to influence voters.

The response to the RTI availed the following information:


Copy of the letter sent by the Ministry of Electronics and Information Technology to Facebook.

 

The letter raised questions about whether the data of Indian users was compromised by Cambridge Analytica or any other of its downstream entities, and the manner in which it occurred, if such was the case. Further, it questioned the Menlo Park-based company its norms governing data security and the preventive measures it has undertaken to prevent potential manipulation of the Indian electoral process.

This is the only substantive piece of information availed by the response. The demand for the reply from Facebook to the aforementioned letter sent by the Ministry on March 28, 2018 was denied citing Sections 8(1)(a) and 8(1)(g) of the RTI Act. The sections provide for exemption of disclosure of information.

“8. Exemption from disclosure of information.

(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—

(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;

….

(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;”

Security and privacy reasons were cited again by the Ministry for not revealing the names or designations of the officials who examined Facebook’s response.

The response to the RTI also stated that the Government had sought additional details from Facebook, which were provided on April 25, 2018. However, the response failed to provide any details of the said response, or the specifics of the Ministry’s actions upon it, apart from stating that the “Government is evaluating various options for taking necessary actions as appropriate”.

These unanswered questions are of great relevance given their potential infringement upon Fundamental Rights of privacy and free and fair democratic elections granted by the Supreme Court to every citizen of the Nation.

Response to the RTI