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Photo and Video App Settles Allegations of Misleading Users about Their Privacy

  • The FTC reached a settlement with photo app developer Everalbum, Inc. to resolve allegations that its app, Ever, misled consumers about its privacy practices in violation of the FTC Act.
  • The complaint alleged that Ever, which stores users’ photos and videos uploaded from their electronic devices, used a default setting that allowed facial recognition technology to group users and allow the tagging of people by name despite its representations that it would not apply such technology to a user’s content without the user affirmatively activating the option, and that Everalbum failed to delete photos and videos from deactivated accounts as promised.
  • Under the terms of the proposed consent order, among other things, Everalbum is required to delete all facial recognition data that the company derived from users’ photos without express consent and photos and videos from deactivated accounts. Everalbum is also prohibited from misrepresenting its data and personal information usage and privacy and security practices.