Case 1:21-cv-00824 Document 1 Filed 08/25/21 Page 59 of 71
the research suggests, is much the same as what we feel when our trust is betrayed in the analog world.”112 157.
By collecting and sharing children’s Personal Information in order to profile and
track them across multiple online platforms, and failing first to obtain verifiable parental consent, Rovio has breached children’s and parents’ expectations of privacy. 158.
Various other sources provide manifestations of society’s deep revulsion toward
companies’ collecting or accessing personal information for tracking and profiling purposes: a.
Legislative enactments reflect society’s growing concern for digital privacy
and security. For example, N.M. Stat. Ann. § 50-4-34 provides that employers may not force an applicant to provide access to her online social media accounts as a condition of employment. N.M. Stat. Ann. § 21-1-46 provides the same protections to applicant students in the postsecondary education context. Similarly, New Mexico’s data breach notification law—N.M. Stat. Ann. § 57-12C-1, et seq.—imposes a duty of care on businesses who collect and maintain citizens’ personal data, recognizing the dangers inherent in unknown and unauthorized parties accessing such data. b.
Scholarly literature about the evolution of privacy norms recognizes
society’s expectation of determining for oneself when, how, and the extent to which information about one is shared with others. c.
Self-regulation agencies in the online advertising industry note the
American consumer’s reasonable concern with online privacy (92% of Americans worry about their online data privacy) and the top causes of that concern include Defendant’s conduct at issue here: companies collecting and sharing personal information with other companies.113 Sam Biddle, “You Can’t Handle the Truth about Facebook Ads, New Harvard Study Shows” The Intercept (May 9, 2018), https://theintercept.com/2018/05/09/facebook-ads-trackingalgorithm/?utm_source=digg&utm_medium=email) (last accessed July 30, 2021). 113 TrustArc Blog, Data Privacy is a Major Concern for Consumers (Jan. 28, 2015), 112
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