Have you seen the new headline about Twitter in the news? It may be time to double-check your corporate practices and check-in with your employees.
The top new FTC privacy probe concerns Twitter, which has been charged by the FTC for breaching a 2011 consent decree by using phone numbers and email addresses that users provided for security purposes (e.g., two-factor authentication), and using that information to target users with advertisements. According to Twitter, the FTC has alleged that this conduct breached the 2011 consent decree (resulting from a hacker incident), which purportedly “bars Twitter for 20 years from misleading users about the extent that it protects their privacy.” Twitter’s misuse of user’s phone numbers and email addresses for direct advertising was self-revealed by the company in an October blog post, which noted that it did not know how many people were impacted. Twitter called the misuse “inadvertent.” Twitter said on Monday it expected to pay between $150-250 million to resolve the FTC investigation.
This story should have all corporations taking a look at their own corporate practices and making sure that similar actions are not happening within their closed doors. All companies are “barred” from misleading users about the extent that they protect user privacy by virtue of, inter alia, FTC section 5 and state UDAP statutes. (In Twitter’s case, because of its 2011 security incident, it also was barred via a consent decree.) Also, with many employees working remotely these days, it may be harder for companies to oversee how different sections of the company are interacting. Perhaps in Twitter’s case this alone led to the issue? Who knows.
Mistakes happen, but diligence can prevent them…and can help serve as a defense for when they do happen.