EPIC Opposes Facebook’s Intervention in FOIA Case for Release of FTC’s Facebook Audits

June 17, 2019

In a recent court filing, EPIC opposed Facebook's attempt to intervene in EPIC's lawsuit against the Federal Trade Commission for the release of records concerning the company's compliance with the 2011 Consent Order. EPIC told the court hearing EPIC v. FTC that Facebook does not have standing to intervene because it has not established that it would suffer a substantial competitive harm as a result of public disclosure of the information EPIC is seeking. EPIC also explained that under the Freedom of Information Act companies do not decide for themselves what information they wish to withhold from the public. EPIC's FOIA lawsuit is one of several activities that EPIC is pursuing to hold Facebook accountable for compliance under the 2011 consent order. In a related FOIA lawsuit, EPIC determined that there are more than 26,000 complaints against Facebook currently pending at the FTC. EPIC also launched the #EnforcetheOrder campaign to pressure the FTC to take enforcement action against Facebook. The case is EPIC v. FTC, No. 18-942 (D.D.C).

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