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"A business that obtains consumers' personal information has a legal duty to ensure that the use and handling of that data complies with representations made about that company's security and privacy practices," Mr. Spitzer said through a spokesman.
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In the settlement with government, Facebook agreed to, as the F.T.C. paraphrased in a press release, to "obtain consumers' affirmative express consent before enacting changes that override their privacy preferences".
On Wednesday, the Senate Commerce committee will question officials from the F.T.C. and the Obama administration about their recent proposals to require companies to obtain consumers' permission to be tracked online.
Among other things, the old rules required ISPs to obtain consumers' permission in order to use certain sensitive data like browsing history that they obtain through their service.
Among other things, the rules required ISPs to obtain consumers' permission in order to use certain sensitive data like browsing history that they obtain through their service.
The FTC complaint charges that Google violated its privacy policies by using information provided for Gmail for another purpose – social networking – without obtaining consumers' permission in advance.
"Giving consumers clear and prominent notice and obtaining consumers' express consent before their information is shared beyond the privacy settings they have established," in the words of the FTC.
The key comes in the word 'override' in Facebook's proposal that it be "required to obtain consumers' affirmative express consent before enacting changes that override their privacy preferences".
The critical clause of Facebook's FTC settlement is that it agreed to "obtaining consumers' express consent before their information is shared beyond the privacy settings they have established".
Facebook is now "required to obtain consumers' affirmative express consent before enacting changes that override their privacy preferences", effectively making opt in all future privacy control changes to the audience of previously shared data or content.
Rich writes "if you choose to use data collected by WhatsApp in a manner that is materially inconsistent with the promises WhatsApp made at the time of collection, you must obtain consumers' affirmative consent before doing so".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com