CBI files case against Cambridge Analytica for illegal harvesting of Facebook users data in India

New Delhi: The Central Bureau of Investigation (CBI) has booked UK based M/s Cambridge Analytica and Global Science Research Limited for "dishonesty and fraudulently" collecting and harvesting "unauthorised" data of 335 Indian users and 5.62 "additional" users of Facebook who were in their "friend's network" with the help of an App.
An FIR has been registered after over two years of preliminary enquiry by the CBI. A preliminary enquiry was launched by the CBI in September 2018. The Ministry of Information and Technology, in 2018, had obtained legal opinion from an Additional Solicitor General who had suggested for a preliminary enquiry by the CBI.


According to CBI's FIR in its response to the Ministry, Facebook had reported that data of potentially 5.62 lakh Indian users might have been illegally harvested.

M/s Cambridge Analytica replied that they had received data from Global Science Research Limited UK pertaining to US citizens only. M/s Cambridge Analytica had not responded to Ministry of Information and Technology's further correspondences.

The agency's FIR says that it's enquiry found out that Dr Aleksandr Kogan, founder and Director of Global Research Science Limited had created an App "thisisyourdigitallife".

"As per the platform policy of Facebook, the App was authorised to collect certain specific data of the users for academic and research purposes. The App however illegally collected additional unauthorised data of the users", says the FIR.

The data includes demographic information, pages liked on Facebook, contents of private messages etc. Facebook conveyed that 335 users in India had installed this App. They have estimated that data of approximately 5.62 lakh additional users who were part of the friend's network of these 335 users have also been unauthorisedly harvested by the App.

The FIR further reads that during the preliminary enquiry, though 335 App users were contacted by the enquiry officer, six of them responded and were examined. "They unanimously stated that they were misled by the App and were unaware of the fact that their personal and friend's data was harvested. They also stated that they would not have used the App if they knew it would do so", reads CBI's FIR.

The FIR adds that M/s Global Science Research Limited,UK entered into a criminal conspiracy with M/s Cambridge Analytica, UK during 2015 and right to use the illegally, harvested databases was given to Cambridge Analytica, UK for commercial purposes.

It further says Facebook had collected written certificates from Dr Aleksandr Kogan, Global Science Research Limited UK and Cambridge Analytica, UK during 2016-17 declaring that all such data obtained by them through the App was accounted for and destroyed.

"This fact confirms that Global Research Science Limited UK illegally harvested databases and provided the same to Cambridge Analytica Limited UK for commercial purposes. However enquiry could not authenticate the veracity of claims of Global Research Science Limited and Cambridge Analytica, UK that they had destroyed the said databases", states the FIR.

It further alleges "thus enquiry prima facie confirmed that M/s Global Science Research Limited UK dishonesty and fraudulently accessed the data of the users of the App and their Facebook friends and illegally harvested it using the App "thisisyourdigitallife". Further, in pursuance of the criminal conspiracy, M/s Global Science Research Limited UK have the right to use the illegally harvested databases to M/s Cambridge Analytica UK for commercial gains".

Data mining and analysis firm Cambridge Analytica earlier faced allegations that it used personal information harvested from 87 million Facebook accounts to help Donald Trump win the 2016 US presidential election.

It was in August, 2018 that the agency had received the letter from Ministry of Electronics & Information Technology (MEITy) seeking an independent probe against data mining and analysis firm Cambridge Analytica.

On July 25, 2018 the Ministry had written to the agency.

The company is at the heart of the case involving alleged breach of Facebook user data seeking information about its clients in India and whether it had harvested their user profiles.

Responding on the issue of “action on misuse of social media and fake news”, Minister for Law and Justice and IT Ravi Shankar Prasad had said that it has “entrusted the issue to be investigated by the CBI for possible violation of Information Technology Act, 2000 and IPC”.

It revealed that Cambridge Analytica also did not respond to a subsequent notice by the government. “Therefore, it is suspected that Cambridge Analytica may have been involved in illegally obtaining data of Indians which could be misused”, it had told the Parliament in 2018.

It added it has come to the attention of the Government of India that a number of disturbing instances causing loss of innocent lives have taken place in various parts of the country. These are deeply painful and regrettable, as well as a matter of deep concern for the Government. The Government has taken prompt action. The first incident was reports of breach of data at Facebook wherein it was reported that data of a number of their users had been compromised by Cambridge Analytica. Immediately, notices were issued to the two companies and their response sought.

It had further said “Facebook responded that they will streamline their internal processes regarding handling of personal data. They stated that the case of Cambridge Analytica it was a case of breach of trust. They promised to take various other steps to ensure that such breaches do not recur. Cambridge Analytica on the other hand gave an initial response that data of Indians was not breached but this was not in conformity with what was reported by Facebook”.

Earlier in March, 2018 the government had issued notice to Cambridge Analytica asking for the names of entities that have engaged it in allegedly utilising data of Indians from the breach in Facebook database.