WPF comments to the US Federal Trade Commission regarding Everalbum proposal
The World Privacy Forum submitted comments to the US Federal Trade Commission regarding its proposed consent order regarding In the Matter of Everalbum, Inc. The FTC alleges that Everalbum misrepresented to its users the circumstances in which the company would utilize face recognition on its users’ photos. The Commission’s complaint also alleges that Everalbum utilized improperly acquired face templates (biometric analysis) of some of its customers to enrich its commercial biometric algorithms (In the Matter of Everalbum, Inc., Complaint, 11-12. https://www.ftc.gov/system/files/documents/cases/ everalbum_complaint.pdf), an activity that the FTC alleges went beyond the scope of what Everalbum told its customers. (Complaint, 16).
In our comments, we support the FTC proposal to require clear and conspicuous notification to consumers, and its proposal for affirmative consent. WPF also supported the FTC’s requirement that Everalbum delete the biometric algorithms and face embeddings derived from user photos and materials for which the company had not acquired consent; the FTC’s decision to take this step is important and sets an important precedent.
WPF also requested that the FTC publicly disseminate the required compliance reports proactively, rather than requiring members of the public to submit Freedom of Information Act requests to see the reports.