In the Matter of Facebook, Inc.

Citation

In the Matter of Facebook, Inc., FTC File No. 092 3184 (complaint filed Nov. 29, 2011).

• Complaint
• Exhibits
• Agreement containing Consent Order
• Analysis of Proposed Consent Order To Aid Public Comment
• Federal Register Notice: Facebook, Inc.; Analysis of Proposed Consent Order to Aid Public Comment; Proposed Consent Agreement (Dec. 5, 2011)
• Decision and Order
• Statement of the Commission
• Dissenting Statement of Commissioner Rosch

Overview

The FTC's complaint against Facebook alleged that Facebook made claims that were unfair and deceptive, and violated federal law. The complaint listed 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 had a "Verified Apps" program and claimed it certified the security of participating 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.

Settlement

The 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.

Specifically, under the settlement, Facebook is:

• barred from making misrepresentations about the privacy or security of consumers' personal information;
• required to obtain consumers' affirmative express consent before enacting changes that override their privacy preferences;
• required to prevent anyone from accessing a user's material more than 30 days after the user has deleted his or her account;
• required to establish and maintain a comprehensive privacy program designed to address [[privacy risks associated with the development and management of new and existing products and services, and to protect the privacy and confidentiality of consumers' information; and
• required, within 180 days, and every two years after that for the next 20 years, to obtain independent, third-party audits certifying that it has a privacy program in place that meets or exceeds the requirements of the FTC order, and to ensure that the privacy of consumers' information is protected.

The order also contains standard record-keeping provisions to allow the FTC to monitor compliance with its order.