Legal Challenges in Obtaining Consent to the Use of Personal Data in the Creation and Use of Facebook Insights

Abstract

This research aims to study the problems and legal limitations related to obtaining consent for using personal data in creating and using insights on the Facebook platform and to suggest guidelines for setting policies or requesting consent for the storage, collection, and use of such personal data. It was found that there were two main issues: First, the Personal Data Protection Act 2019 has unclear criteria for determining the status of those who have joint authority to make decisions regarding the collection, use, or disclosure of personal data. This makes it difficult to clearly define and allocate the responsibilities of those involved in collecting, using, or disclosing personal information. Secondly, the Act does not define what constitutes “consent.” As a result, there may be unclear guidelines for setting policies or requesting consent to use personal data in creating and using insights on the platform. The author researched and collected information from related documents, including guidelines from the EU, Singapore, and Japan, on requesting consent for the collection of personal data in the creation and use of insights on the Facebook platform. According to the study, pages or websites with the Facebook "Like" button embedded decide the purpose and methods of processing visitors' personal data. Therefore, they share responsibility as joint controllers, and consent will be required to use personal data to create and use insights on the Facebook platform. The author, therefore, proposes formal guidelines for setting policies or requesting consent for the storage, collection, and use of personal information, and defines additional terms to be consistent with international standards.