Why You Can’t Really Consent to Facebook’s Facial Recognition

While the social media platform’s latest approach to facial recognition appears to respect user’s choices, the offer is so tainted we can’t truly agree to it

Evan Selinger
OneZero

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Photo: Peter Macdiarmid/Getty

Co-authored by Woodrow Hartzog

NNot long ago, Consumer Reports launched an investigation into Facebook and discovered something surprising. Nearly a year and a half after the company introduced a new, designated setting called “Face Recognition” that allowed users to opt-out of facial recognition, not everyone had access to it. This wasn’t just a problem for the people directly affected. It symbolized the larger issue of tech companies leaving us feeling disempowered, even when they say they’re doing more to protect our privacy.

By July it was clear that change was coming. That’s when the Federal Trade Commission hit Facebook with a historic $5 billion fine and ordered the company to “clearly and conspicuously” disclose how it uses facial recognition software — in a separate form from the privacy and data policies — while also obtaining the user’s “affirmative express consent.” In the aftermath, Facebook announced that after consulting with “privacy experts, academics, regulators,” and other stakeholders, it is finally giving…

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