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USA: FTC finalises settlement with Everalbum over allegations of use of facial recognition technology

The Federal Trade Commission ('FTC') announced, on 7 May 2021, a finalised settlement with Everalbum, Inc. following allegations that Everalbum had allegedly deceived consumers about its use of facial recognition technology. In particular, the FTC finalised a proposed settlement first announced in January 2021, which claimed that Everalbum had retained the photos and videos of users who had deactivated their accounts in its 'Ever' app. Moreover, the settlement requires Everalbum, among others, to:

  • obtain consumers' express consent before using facial recognition technology on their photos and videos;
  • delete the photos and videos of Ever app users who deactivated their accounts, including the models and algorithms it developed by using the photos and videos uploaded by its users; and
  • obtain users' express consent before using biometric information it collected from them.

You can read press release here and the finalised settlement here.