Category: Profiling of individuals

Based on research carried out by Tracking Exposed (now rebranded into AI Forensics) since 2019, privacy activists have lodged complaints before the data protection authorities of Italy and Cyprus alleging that the famous porn platform Pornhub unlawfully processes users’ personal data specifically related to their sexual preferences and shares it with unidentified third parties. This strategic litigation campaign has been framed under the name #StopDataPorn.

The accusations against Pornhub are centered around three main issues:

1. Pornhub fails to obtain proper consent from users when processing their highly sensitive personal data concerning their sex life and sexual orientation, despite being obligated to do so under article 9 of the GDPR. Additionally, the platform’s trackers are virtually impossible to remove for inexperienced users and are designed to circumvent any opt-out mechanisms.
2. Information about Pornhub users is shared with an indeterminate number of third parties, both external to the company and within its corporate conglomerate controlled by MindGeek. This undisclosed dissemination of personal information constitutes a violation of GDPR regulations.
3. Pornhub utilises a recommender system that categorizes users’ sexual preferences without their knowledge, making it impossible for users to contest or dispute the results. This unauthorized profiling exploits sensitive personal data for financial gain, constituting an unlawful practice.

These consecutive filings represent an attempt to promote international collaboration among European data protection authorities and instigate a more comprehensive examination of the porn industry, which AI Forensics state remains severely under-regulated to this day.

According to AI Forensics the #StopDataPorn campaign serves as a collaborative movement urging users and authorities to act promptly and confront the exploitative practices of porn platforms. The breach of users’ data is just one aspect of the misconduct exhibited by Pornhub, as it has also been embroiled in controversies concerning the monetisation of sexual assault videos and allowing access to adult material for children.

In March 2022, Tracking Exposed filed a legal report before the Italian data protection authority.

In August 2022, Tracking Exposed filed a GDPR complaint in Cyprus, where Pornhub legal seat is located.

In June 2023, the #StopDataPorn campaign filed a GDPR complaint before the Italian data protection authority.