Facebook Settles FTC Privacy Charges

WASHINGTON, Nov. 29, 2011 /PRNewswire-USNewswire/ — The social networking service Facebook has agreed to settle Federal Trade Commission charges that it deceived consumers by telling them they could keep their information on Facebook private, and then repeatedly allowing it to be shared and made public.  The proposed settlement requires Facebook to take several steps to make sure it lives up to its promises in the future, including giving consumers clear and prominent notice and obtaining consumers’ express consent before their information is shared beyond the privacy settings they have established.

The FTC’s eight-count complaint against Facebook is part of the agency’s ongoing effort to make sure companies live up to the privacy promises they make to American consumers.  It charges that the claims that Facebook made were unfair and deceptive, and violated federal law.

“Facebook is obligated to keep the promises about privacy that it makes to its hundreds of millions of users,” said Jon Leibowitz, Chairman of the FTC. “Facebook’s innovation does not have to come at the expense of consumer privacy. The FTC action will ensure it will not.”

The FTC complaint lists a number of instances in which Facebook allegedly made promises that it did not keep:

  • In December 2009, Facebook changed its website so certain information that users may have designated as private – such as their Friends List – was made public.  They didn’t warn users that this change was coming, or get their approval in advance.
  • Facebook represented that third-party apps that users’ installed would have access only to user information that they needed to operate.  In fact, the apps could access nearly all of users’ personal data – data the apps didn’t need.
  • Facebook told users they could restrict sharing of data to limited audiences – for example with “Friends Only.”  In fact, selecting “Friends Only” did not prevent their information from being shared with third-party applications their friends used.
  • Facebook claimed it had a “Verified Apps” program it used to certify the security of certain apps.  It didn’t.
  • Facebook promised users that it would not share their personal information with advertisers.  It did.
  • Facebook claimed that when users deactivated or deleted their accounts, their photos and videos would be inaccessible.  But Facebook allowed access to the content, even after users had deactivated or deleted their accounts.
  • Facebook claimed that it complied with the U.S.- EU Safe Harbor Framework that governs data transfer between the U.S. and the European Union.  It didn’t.

The proposed settlement bars Facebook from making any further deceptive privacy claims, requires that the company get consumers’ approval before it changes the way it shares their data, and requires that it obtain periodic assessments of its privacy practices by independent, third-party auditors for the next 20 years.

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