Martech: Martech is Marketing Logo
  • Topics
    Transformation
    Operations
    Data
    Experience
    Performance
    Management
    Special Reports
    All Topics
  • Conference
  • Webinars
  • Intelligence Reports
  • White Papers
  • What is MarTech
    Mission
    Team
    Newsletter
    Search Engine Land
    Third Door Media

Processing...Please wait.

MarTech » Marketing Management » FTC Opens New Facebook Investigation Over Privacy Changes

FTC Opens New Facebook Investigation Over Privacy Changes

Privacy continues to be Facebook’s nemesis. The company’s envelope-pushing approach to privacy has repeatedly been the subject of complaints and litigation over the years. And now it’s caught between a court-mandated settlement and the US Federal Trade Commission (FTC). Facebook recently settled a “Sponsored Stories” class action lawsuit for $20 million. That suit argued that Facebook […]

Greg Sterling on September 12, 2013 at 10:26 am

facebookPrivacy continues to be Facebook’s nemesis. The company’s envelope-pushing approach to privacy has repeatedly been the subject of complaints and litigation over the years. And now it’s caught between a court-mandated settlement and the US Federal Trade Commission (FTC).

Facebook recently settled a “Sponsored Stories” class action lawsuit for $20 million. That suit argued that Facebook had misappropriated users’ likenesses and other content without their consent. On August 29 Facebook updated its privacy policies to reflect the terms of that settlement.

The major change is reflected in the following paragraphs:

You give us permission to use your name, and profile picture, content, and information in connection with commercial, sponsored, or related that content (such as a brand you like) served or enhanced by us, subject to the limits you place. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.

If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to the terms of this section (and the use of your name, profile picture, content, and information) on your behalf.

What those paragraphs essentially mean is that Facebook can use its members’ likenesses and content broadly in ads but will not show those ads outside the scope of individuals’ privacy settings. More controversially however Facebook is assuming parental consent on behalf of minors.

Yesterday the FTC opened an investigation into whether the new privacy policy changes violate Facebook’s 2011 agreement and consent decree with the regulatory agency. Facebook as part of the FTC settlement is subject to ongoing privacy compliance monitoring.

Under the terms of the settlement with the FTC 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.

According to an article in the NY Times, Facebook did not seek to clear the new privacy policy changes with the FTC prior to posting them. The central questions in the new investigation are whether the changes are “deceptive” generally and whether they would “override” user privacy preferences.


Opinions expressed in this article are those of the guest author and not necessarily MarTech. Staff authors are listed here.


New on MarTech

    3 changes coming to Google Ads audience features

    FTC hits Twitter with snark and $150 million fine for allegedly selling security data to advertisers

    Hootsuite joins TikTok’s Marketing Partner Program

    Getting started with the Agile Marketing Navigator: Aligning on a Guidepoint

    Webinar: Benchmark your social media performance for a competitive edge

About The Author

Greg Sterling
Greg Sterling is a Contributing Editor to Search Engine Land, a member of the programming team for SMX events and the VP, Market Insights at Uberall.

Related Topics

Marketing ManagementMarketing OperationsPerformance Marketing

Get the daily newsletter digital marketers rely on.

Processing...Please wait.

See terms.

ATTEND OUR EVENTS

The MarTech Conference logo.

June 7, 2022: Master Classes

September 28-29, 2022: Fall

Start Discovering Now: Spring

Learn More About Our MarTech Events

The SMX Conference logo.

June 14-15, 2022: SMX Advanced (virtual)

November 14-15, 2022: SMX Next (virtual)

March 8-9, 2022: Master Classes (virtual)

Learn More About Our SMX Events

Webinars

Benchmark Your Social Media Performance For a Competitive Edge

Take a Crawl, Walk, Run Approach to Multi-Channel ABM

Content Comes First: Transform Your Operations With DAM

See More Webinars

Intelligence Reports

Enterprise SEO Platforms: A Marketer’s Guide

Enterprise Identity Resolution Platforms

Email Marketing Platforms: A Marketer’s Guide

Enterprise Sales Enablement Platforms: A Marketer’s Guide

Enterprise Digital Experience Platforms: A Marketer’s Guide

Enterprise Call Analytics Platforms: A Marketer’s Guide

See More Intelligence Reports

White Papers

The State of Influencer Pricing

How to Measure Influencer Performance

Reputation Management For Healthcare Organizations

Unlock the App Marketing Potential of QR Codes

Realising the power of virtual events for demand generation

See More Whitepapers

Receive daily marketing news & analysis.

Processing...Please wait.

Topics

  • Transformation
  • Operations
  • Data
  • Experience
  • Performance
  • Management
  • All Topics
  • Home

Our Events

  • MarTech
  • Search Marketing Expo - SMX

About

  • What is MarTech
  • Contact
  • Privacy
  • Marketing Opportunities
  • Staff

Follow Us

  • Facebook
  • Twitter
  • LinkedIn
  • Newsletters
  • RSS

© 2022 Third Door Media, Inc. All rights reserved.