Social networks seem to operate in a legal vacuum and irrespective of norms and standards for contract terms and privacy. No longer so! The Consumer Council of Norway is currently preparing complaints against several sites, including Facebook, demanding that the same standards that apply in an offline environment are applied online.
The complaints follow a year long study of the terms and conditions of a number of social media. The Consumer Council (NCC) has, in cooperation with independent research organisation SINTEF Technology, mapped Norwegian consumers user skills and habits with respect to their use of such media. The complaints will respectively be addressed to the Consumer Ombudsman and the Data Inspectorate.
On a daily basis consumers face excessive terms and conditions when using their favourite social networks, search engines and email services. The study confirms the general belief that next to no one actually reads these terms, and even fewer come close to understanding them. To top it off, all of the social networks that were put under scrutiny by the NCC flunked the “fair contract” and “privacy” test.
“Industry should come to terms with the fact that there are general principles of fair contracts and privacy that must apply also in an online environment. Nothing has changed in that respect, except the online entrepreneurs at one point just stopped caring about the law”, says NCC assistant director Hans Marius Graasvold. “We can not let go of basic rights that have been built up over time, just because the technological development currently seems to have set us back”.
“The NRAs, most notably the consumer ombudsmen and the data inspectorates, need to step up to the test. If an online service site aims specifically at the Norwegian market, as is the case for Facebook, Norwegian case law establishes legal obligations under Norwegian law.” Graasvold elaborates. “Then the table is set for NRA action.”
“We believe that it is tome for the NRAs to enforce the principles that a person shall have the right to know what kind of personal information is registered and stored online, and have a realistic chance of rectifying or delete information that is wrongful.” Graasvold says.
The Norwegian Data Inspectorate recently established a public deletion service, aiming at fighting slander and cyber bullying. The NCC hopes this service may also contribute to strengthening consumer privacy.
The NCC also keeps a keen eye on the various trust marks and online safety labels.
“As an example, TrustE approves the privacy policy of 2000 of the world's largest websites. On basis of our findings we have serious doubts as to what safety, if any, is really offered by TrustE. How can they claim to protect consumer privacy for Facebook users?” Graasvold asks rhetorically.
The NCC will perform their own review of Trust E and other trust marks, but encourages public authorities to do the same.
The NCC gave a presentation of some of the key findings at a conference held by European consumer organisation BEUC last week. They will forward the study results to the Commission before next year. Also, EU commissioner for consumer affairs Meglena Kuneva stated at the conference that the Commission will indeed consider intervening in case social media do not adhere to contract and privacy standards.
Contact: Hans Marius Graasvold, assistant director, +47 40038800
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