Meta and Epic Cases Show FTC Toughening Its Children’s Privacy Enforcement

In recent months, the FTC has escalated its efforts in privacy cases involving children and teens, rolling out novel and strict remedies. Its $520 million case against Epic Games required changes to default settings in its popular Fortnite game. Then, on May 3, the FTC proposed reopening Facebook’s record 2020 $5 billion settlement, seeking to ban the social media giant from profiting from the data of youth under age 18, among other harsh terms ­– which the company denounced as a “political stunt.” At last week’s Privacy + Security Forum, FTC Commissioner Rebecca Slaughter discussed these two cases and the broader changes for companies’ handling of children’s and teens’ data. This article distills her comments made during the presentation and to the Cybersecurity Law Report, and includes observations from former FTC leaders about the impact of the agency’s newest approaches to protect minors. See “FTC’s Drizly Case Shows Regulators Are Ready to Police Data’s Expiration Dates” (Nov. 30, 2022).

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