A California jury ruled Wednesday that Meta broke state privacy laws by collecting data from the popular period-tracking app Flo, including private health data and pregnancy goals. The case claimed that, among other actions, Meta used the data to create targeted advertising content. As Meta claims it will fight the verdict, the court continues to decide specific financial damages — and the plaintiffs have asked for billions.
A representative for Meta did not immediately respond to a request for comment.
The consolidated Flo lawsuit dates to 2021, when users of the Flo app accused major tech companies of harvesting their data and actions on the period-tracking app, which included personal profiles about their menstrual cycles, sexual activity, pregnancy history and a variety of other personal health information.
Originally, the lawsuit included the creators of the Flo app, Google, and the analytics company Flurry, as well as Meta. All the other companies settled, most recently Flo Health in late July, leaving only Meta to continue with the trial, which has now concluded.
The primary accusation of the lawsuit revolves around the software development kit from Meta — then known as Facebook — that Flo Health incorporated into its app. This kit allowed Flo to send different types of user data to Facebook, including buttons users clicked and data they shared with the app. The lawsuit claimed this violated the California Invasion of Privacy Act.
The jury agreed that Meta had intentionally eavesdropped on the plaintiffs when they had a reasonable expectation of privacy, and did not have consent to eavesdrop or record data in this way.
Meta, on the other hand, denies the jury’s verdict is correct. According to reports, the company will appeal the decision and has stated, “The plaintiffs’ claims against Meta are simply false. User privacy is important to Meta, which is why we do not want health or other sensitive information and why our terms prohibit developers from sending any.”
Should you be worried about using the Flo app?
Tracking periods on an app may not be the most efficient option, anyway.
The good news is that when Flo settled in 2021, part of the bargain was to arrange an independent privacy review and require explicit consent when sharing data. So if you’ve been using Flo for the past several years, your data has probably been safe from this particular problem.
But issues with data harvesting and sharing like this raise broader questions about how safe it is to use health apps if you’re concerned with privacy. Fortunately, there are plenty of alternatives. CNET has guides on how wearables like the Oura ring can help track period data without the same problematic privacy past. We’ve also covered ways to track menstrual cycles without relying on an app at all, so you have plenty of alternatives.
