Democratic Leaders Question Meta on Data Privacy Practices

September 01, 2022 - A group of US House Democrats from the Committee on Energy and Commerce sent a letter to Meta CEO Mark Zuckerberg asking for clarification on the company’s data privacy practices.

“We write to express our concern with recent reporting about Meta releasing consumers’ sensitive data, including private communications, in state criminal proceedings related to abortion,” the House Democrats wrote in their letter to Zuckerberg.

The questions arose from Meta’s role in a Nebraska investigation into Jessica Burgess, 41, and Celeste Burgess, 18, a mother-daughter pair who exchanged messages over Facebook about an alleged illegal abortion. In Nebraska, abortion is illegal 20 weeks after fertilization, a report from Deseret News noted.

According to Facebook messages obtained by law enforcement via a warrant, Jessica Burgess helped her then-minor daughter, who is being tried as an adult, abort and bury her fetus.

Facebook and parent company Meta undoubtedly played some role in the case by handing over the messages as required by the warrant. But Meta claimed that its role was misunderstood and that the warrant did not explicitly mention abortion.

“Much of the reporting about Meta’s role in a criminal case against a mother and daughter in Nebraska is plain wrong. We want to take the opportunity to set the record straight,” Meta said in a press release.

“We received valid legal warrants from local law enforcement on June 7, before the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. The warrants did not mention abortion at all. Court documents indicate that police were at that time investigating the alleged illegal burning and burial of a stillborn infant. The warrants were accompanied by non-disclosure orders, which prevented us from sharing information about them. The orders have now been lifted.”

In response, the House Democrats urged Zuckerberg and Meta to further clarify how the company protects sensitive data while complying with legal obligations.

“In light of the Supreme Court’s decision overturning Roe v. Wade and the constitutional right to abortion, your company will increasingly be asked to turn over data to law enforcement for the purpose of criminalizing those who seek abortion services,” the letter stated.

“Personal conversations about accessing health care services may now be considered evidence of crimes by law enforcement in certain jurisdictions.”

The authors of the letter expressed fears of future law enforcement probes into individuals trying to obtain abortions and the role that Meta may play.

“It is completely foreseeable that Meta may be asked to turn over other sensitive data based on conversations related to assisting a friend or family member with transportation to obtain an abortion or providing money for cab fare or hotel accommodations,” the letter continued. “The possibilities are endless and are endlessly troubling.”

As a result, the House Democrats requested a briefing regarding Meta’s handling of personal data and its policies regarding the sharing of that data with third parties, including law enforcement, by September 21.

Amid patient privacy concerns following the fall of Roe, tech companies like Meta have been thrust into the spotlight for becoming key players in protecting health-related information, even though they are not covered by HIPAA. Lawmakers, tech companies, and healthcare providers are navigating uncharted territory and will have to update their data privacy practices as a result.