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Meta CEO Zuckerberg Fights Deposition in Privacy Lawsuit
18 Aug
Summary
- Meta seeks to block Zuckerberg's deposition in privacy class action
- Plaintiffs allege Meta obtained users' health data without consent
- Zuckerberg's role as final decision-maker on privacy matters is key
As of August 18, 2025, Meta Platforms is engaged in a legal battle to prevent CEO Mark Zuckerberg from being deposed in a proposed privacy class action lawsuit. The plaintiffs in the case allege that Meta obtained private health information from millions of Facebook users without their knowledge or consent through the company's Pixel tracking tool.
The company is invoking the controversial "apex doctrine" to argue that Zuckerberg should be spared from having to testify, claiming he lacks any "unique" knowledge about the case and that the same information could be obtained from lower-level Meta employees. However, the plaintiffs contend that Zuckerberg was personally involved in Meta's decision to collect this sensitive user data and played a key role in the company's privacy-related matters.
In June 2025, a U.S. District Judge in San Francisco granted the plaintiffs' request to depose Zuckerberg, though the session was limited to a maximum of three hours and the scope of questioning was narrowed. Meta has now petitioned the 9th U.S. Circuit Court of Appeals, seeking a writ of mandamus to block the deposition, calling it a "critically important issue of first impression" for the court.
The underlying litigation began earlier this year, with plaintiffs alleging that Meta violated federal wiretap laws and California privacy laws, as well as its own contractual promises regarding user privacy on Facebook. The case echoes similar claims in a recent class action against Meta involving the Flo Health fertility tracking app, where a San Francisco jury found the company had violated the California Invasion of Privacy Act.
