The Australian Information Commissioner today agreed to a $50 million payment program as part of an enforceable undertaking (EU) received from Meta Platforms, Inc. (Meta) to settle civil penalty proceedings. The payment scheme will be open to eligible Australian Facebook users impacted by the Cambridge Analytica matter.
The Commissioner alleged that the personal information of some Australian Facebook users was disclosed to the This is Your Digital Life app in breach of the Privacy Act 1988 (Cth). The information was exposed to the risk of disclosure to Cambridge Analytica and other third parties, and risked being used for political profiling purposes.
The agreement announced today follows a court-ordered mediation, which has been ongoing since February 2024, as part of the Federal Court civil penalty proceedings the Commissioner commenced in March 2020.
“Today’s settlement represents the largest ever payment dedicated to addressing concerns about the privacy of individuals in Australia,” Australian Information Commissioner Elizabeth Tydd said.
“It represents a substantive resolution of privacy concerns raised by the Cambridge Analytica matter, gives potentially affected Australians an opportunity to seek redress through Meta’s payment program, and brings to an end a lengthy court process.”
As part of the resolution, the Commissioner has withdrawn the civil penalty proceedings in the Federal Court.
The EU requires Meta to set up a payment scheme, which will be run by an independent third-party administrator. Meta will appoint the third party to administer the payment scheme, who will be announced early next year. The scheme will be open to individuals who:
- held a Facebook Account between 2 November 2013 and 17 December 2015;
- were present in Australia for more than 30 days during that period; and
- either installed the This is Your Digital Life app or were Facebook friends with an individual who installed the app.
The payment scheme will be structured into two tiers of payments. The first will permit individuals to apply for a base payment if they believe they experienced generalised concern or embarrassment because of the matter. The second category will provide for specific payment, likely to be higher than the base payment, to those who can demonstrate they have suffered loss or damage. The third-party administrator will also establish a timely internal review avenue for individuals in relation to the payment scheme. The Office of the Australian Information Commissioner anticipates individuals may be able to start applying to the payment program in the second quarter of 2025.
Any residual funds not exhausted in the payment scheme will be paid into the Commonwealth’s Consolidated Revenue Fund. Meta also paid a contribution to the Commissioner’s legal costs.
“The payment scheme is a significant amount that demonstrates that all entities operating in Australia must be transparent and accountable in the way they handle personal information, in accordance with their obligations under Australian privacy law, and give users reasonable choice and control about how their personal information is used,” Commissioner Tydd said.
“This also applies to global corporations that operate here. Australians need assurance that whenever they provide their personal information to an organisation, they are protected by the Privacy Act wherever that information goes.”
“We remain committed to applying our powers under the Privacy Act to achieve proportionate outcomes to ensure that Australians’ privacy is protected, particularly with respect to technologies that have a high privacy impact. This groundbreaking outcome reflects the significant concerns of the Australian community,” Privacy Commissioner Carly Kind said.
Since then Australian Information Commissioner Angelene Falk commenced the civil penalty proceedings against Meta in March 2020, the penalties for serious or repeated interferences with privacy (which can only be imposed following the commencement of civil penalty proceedings in the Federal Court), have increased from $1.7 million for each serious and/or repeated interference with privacy, to whichever is the greater of $50 million, three times the value of any benefit obtained through the misuse of information, or 30% of a company’s adjusted turnover in the relevant period.
Read the enforceable undertaking.
Details of payment scheme
- Funds of $50 million will be available.
- Individuals who were present in Australia for more than 30 days between 2 November 2013 and 17 December 2015, and either installed the This is Your Digital Life app, or who were Facebook friends of an individual who installed the This is Your Digital Life app, can apply for a base payment based on generalised concern or embarrassment, or an alternative amount if they can demonstrate specific loss or damage.
- The third-party administrator will take reasonable steps to publicise the payment scheme.
- Meta is required to make reasonable best efforts to notify those who are potentially impacted.
- The payment scheme will be administered by a third-party administrator to be appointed by Meta. Payment is required to be made in a timely manner.
- Details for accessing the payment scheme will be made public by the administrator in the second quarter of 2025.
Scam warning
Individuals should be aware that scammers may use this media release to falsely claim to help them get payments. If you receive a call from anyone offering to help you with a payment or refund, hang up immediately. Never give personal information to anyone calling you out of the blue, never give access to your computer or bank account and never click on a link in a text message or open an attachment in an email if you were not expecting the text or email. If you have given information to a scammer or lost money, contact your bank immediately. Report scams to Scamwatch.
