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The Irish data protection commissioner (DPC) issued his assessment (pdf) on Friday of Facebook’s compliance with recommendations the regulator made last December. The DPC, who was forced into the issue following complaints by a group of Austrian law students calling themselves “Europe v Facebook,” had told Facebook it had to be more upfront about giving users privacy choices.
The review suggested that Facebook had “fully implemented” most of the DPC’s recommendations, and those that had not been implemented would be taken care of “with a clear timescale” in place.
And one of those moves is apparently to stop recording people’s facial characteristics to suggest photo tags automatically.
“I am particularly encouraged in relation to the approach it has decided to adopt on the tag suggest/facial recognition feature by in fact agreeing to go beyond our initial recommendations, in light of developments since then, in order to achieve best practice,” DPC Billy Hawkes said in a statement. “This feature has already been turned off for new users in the EU, and templates for existing users will be deleted by 15 October, pending agreement with my Office on the most appropriate means of collecting user consent.”
Facebook, which was targeted in Ireland because that’s where all its non-North American business is based, is also crowing about going beyond the call of duty: “The latest announcement is confirmation that we are not only compliant with European data protection law,” the company said, “but we have gone beyond some of their initial recommendations and are fully committed to best practice in data protection compliance.”
Yet guess what? That’s not the end of the story.
Facebook has been under fire over precisely the same feature in Germany, where privacy chiefs have accused the social network of “illegally compiling a vast photo database of users without their consent”—remember, this is the home of data protection law we’re talking about here.
When that last bit of bother struck just one month ago, Facebook insisted that: “We believe that the Photo Tag Suggest feature on Facebook is fully compliant with EU data protection laws.”
So what gives?
Essentially, Facebook has found itself fighting on too many fronts. What began as an obscure concern of people in German-speaking countries has spread: The Norwegian data protection regulator also started probing the feature, and—crucially—so did the Article 29 Working Party (WP29).
The WP29 is a group of privacy regulators from all over the EU, and its recommendations get taken seriously indeed. In July it said facial recognition features such as photo-tag suggestions should be allowed only when the users give their explicit consent (that means the user being tagged as well as the one doing the tagging).
So yes, Facebook has just gone beyond the Irish DPC’s original recommendation, but only because a higher authority is waving a bigger stick at it, and because the company’s realized it’s not going to win this one.
In any case, even though Facebook is wiping the facial recognition templates it’s already recorded for its EU users, it intends to bring the system back once it has figured out a “holistic approach” to informing those users properly.
As for Europe v Facebook, they’re still not happy (no surprise there) but tell me this victory is “totally going in the right direction.”
To give Facebook its due, here are the areas in which the DPC says the company has fully implemented its recommendations:
• The provision of better transparency for users in how their data are handled;
• The provision of increased user control over settings;
• The implementation of clear retention periods for the deletion of personal data or an enhanced ability for the user to delete items;
• The enhancement of the user’s right to have ready access to their personal data and the capacity of FB-I [Facebook Ireland] to ensure rigorous assessment of compliance with Irish and EU data protection requirements.
Also from GigaOM:
Google Implements Do Not Track. Now What? (subscription required)