How important are website privacy policies?
Notwithstanding the foregoing, Carlsen alleged that GameStop shared his personal information with Facebook, Inc. (“Facebook”) by adding a Facebook Software Development Kit (“SDK”) to the source code on the Game Informer website. According to Carlsen, the Facebook SDK:
- allowed users to log into the Game Informer website using their Facebook accounts and use Facebook’s “Like,” “Share” and “Comment” functions; and
- subsequently transmitted each such user’s unique Facebook ID and Game Informer browsing history to Facebook.
On August 16, 2016, the Eight Circuit affirmed the district court’s dismissal (Case No. No. 15-2453), albeit for failure to state a claim rather than on standing grounds. The Court held that Game Informer users’ Facebook IDs and browsing history did not constitute “personal information” because they:
Privacy Policies: A Penny of Prevention Is Worth a Pound of Cure