EPIC v. FTC: EPIC Obtains Emails about Facebook Audits

In response to EPIC's Freedom of Information Act lawsuit, the FTC has released communications about Facebook's biennial audits. The audits are required by the FTC's 2011 Consent Order with Facebook, which followed a detailed complaint by EPIC and other consumer privacy organizations. The emails show that the FTC had concerns about the scope of Facebook's 2015 assessment, stating "PwC's report does not demonstrate whether and how Facebook addressed the impact of acquisitions on its Privacy Program." In other email, the FTC expressed similar concerns about the 2017 assessment and whether the audit evaluated the company's acquisitions impact on Facebook's privacy program. EPIC had previously opposed Facebook's acquisition of WhatsApp and submitted detailed comments for the FTC's review of the merger remedy process. In March 2018, following the Cambridge Analytica breach, the FTC announced it was reopening the Facebook investigation, but still there is no announcement, no report, and no fine.

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