United States of America: Modified FTC 2020 privacy order prohibiting Meta services from monetising data from users under 18 (Facebook, Instagram, WhatsApp and Oculus)

On 3 May 2023, the United States Federal Trade Commission (FTC) issued proposed changes to the 2020 privacy order against Facebook, now Meta, alleging non-compliance with the terms of the order previously agreed. The FTC alleges that Meta deceived parents and guardians about their ability to control their children's communication through the Messenger Kids app and misled them about the data it has shared with application developers. According to the changes to the 2020 order, Meta, including its services Facebook, Instagram, WhatsApp and Oculus, would be prohibited from monetising the data collected on users under 18. Meta would be allowed to collect and use the data only for providing its services. Furthermore, Meta would be required to obtain written confirmation from the assessor that its privacy program complies with the order to release new products or services. The privacy requirements of the order would apply to all the parties Meta acquires or merges. Finally, the changed order expands the limits on the use of facial recognition technology and requires Meta to disclose and obtain users' informed consent for the use of facial recognition technology.