FTC Requires App Developer To Obtain Users' Express Consent For Use Of Facial Recognition

The Federal Trade Commission announced on January 11 that Everalbum, the developer of the photo storage application called Ever, settled allegations that it deceived users about its use of facial recognition technology and retained photos and videos from users who had deactivated their accounts in violation of its own privacy policy.

Everalbum agreed in the settlement to (1) obtain users' express consent before using facial recognition technology on users' photos and videos, (2) delete or destroy all facial recognition data collected from users who have not provided consent, (3) delete or destroy the photos and videos of deactivated accounts and (4) notably, to delete models and algorithms that Everalbum developed using the photos and videos uploaded by users.