EPIC FOIA: EPIC Obtains Facebook Privacy Documents

In response to an EPIC Freedom of Information Act lawsuit, the Federal Trade Commission has released supplemental materials from the biennial Facebook audits (production 1, production 2, production 3, production 4). The audits were required by the FTC’s 2011 Consent Order with Facebook. The documents include letters from the FTC to Facebook inquiring about Facebook’s relationship with Instagram and telling the company that “whenever a corporate change such as an acquisition may affect the design and/or implementation of the Company’s privacy program, the Company must notify the Commission.” EPIC opposed Facebook’s acquisition of WhatsApp and submitted comments for the FTC’s review of the merger remedy process. FTC reopened its investigation into Facebook in March after EPIC, consumer groups urged action. The UK Information Commissioner completed its initial investigation, published report, and issued a fine in July. The FTC begins hearings this week on competition and consumer protection in the 21st century.


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