Author: irubinstein

  • Google consent decree

    This is what the Google-FTC consent decree says about changing it sharing practices:

    II.
    IT IS FURTHER ORDERED that respondent, prior to any new or additional sharing by
    respondent of the Google user’s identified information with any third party, that: 1) is a change
    from stated sharing practices in effect at the time respondent collected such information, and 2)
    results from any change, addition, or enhancement to a product or service by respondent, in or
    affecting commerce, shall:

    A. Separate and apart from any final “end user license agreement,” “privacy policy,”
    “terms of use” page, or similar document, clearly and prominently disclose: (1)
    that the Google user’s information will be disclosed to one or more third parties,
    (2) the identity or specific categories of such third parties, and (3) the purpose(s)
    for respondent’s sharing; and

    B. Obtain express affirmative consent from the Google user to such sharing.

    Here is the relevant definition:

    “Third party” shall mean any individual or entity other than: (1) respondent; (2) a service
    provider of respondent that: (i) uses or receives covered information collected by or on
    behalf of respondent for and at the direction of the respondent and no other individual or
    entity, (ii) does not disclose the data, or any individually identifiable information derived
    from such data, to any individual or entity other than respondent, and (iii) does not use
    the data for any other purpose; or (3) any entity that uses covered information only as
    reasonably necessary: (i) to comply with applicable law, regulation, or legal process, (ii)
    to enforce respondent’s terms of use, or (iii) to detect, prevent, or mitigate fraud or
    security vulnerabilities.

    Interestingly, the Facebook consent decree has similar, but less restrictive, language:

    II.
    IT IS FURTHER ORDERED that Respondent and its representatives, in connection
    with any product or service, in or affecting commerce, prior to any sharing of a user’s
    nonpublic user information by Respondent with any third party, which materially exceeds the
    restrictions imposed by a user’s privacy setting(s), shall:

    A. clearly and prominently disclose to the user, separate and apart from any “privacy
    policy,” “data use policy,” “statement of rights and responsibilities” page, or other
    similar document: (1) the categories of nonpublic user information that will be
    disclosed to such third parties, (2) the identity or specific categories of such third
    parties, and (3) that such sharing exceeds the restrictions imposed by the privacy
    setting(s) in effect for the user; and

    B. obtain the user’s affirmative express consent.

    Nothing in Part II will (1) limit the applicability of Part I of this order; or (2) require Respondent
    to obtain affirmative express consent for sharing of a user’s nonpublic user information initiated
    by another user authorized to access such information, provided that such sharing does not
    materially exceed the restrictions imposed by a user’s privacy setting(s). Respondent may seek
    modification of this Part pursuant to 15 U.S.C. §45(b) and 16 C.F.R. 2.51(b) to address relevant
    developments that affect compliance with this Part, including, but not limited to, technological
    changes and changes in methods of obtaining affirmative express consent.