The US Federal Trade Commission has taken action against OkCupid and Match Group Americas over allegations that the dating app shared users’ personal information, including photos and location data, with an unrelated third party despite privacy promises saying such sharing would not occur without notice or an opportunity to opt out.
According to the FTC’s complaint, OkCupid gave the third party access to personal data from millions of users even though the recipient was not a service provider, business partner, or affiliate within the company’s corporate family. The agency says consumers were not informed and were not given a chance to opt out.
The complaint says the third party sought large OkCupid datasets because OkCupid’s founders were financial investors in that company, despite there being no business relationship with the app. The FTC alleges that OkCupid provided access to nearly 3 million user photos, along with location and other information, without formal or contractual limits on how the data could be used.
Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection, said: ‘The FTC enforces the privacy promises that companies make. We will investigate, and where appropriate, take action against companies that promise to safeguard your data but fail to follow through—even if that means we have to enforce our Civil Investigative Demands in court.’
The FTC also alleges that, since September 2014, Match and OkCupid have taken extensive steps to conceal and deny that the apps shared users’ personal information with the data recipient, including conduct the agency says obstructed its investigation. One example cited in the complaint is that, after a news report revealed the third party had obtained large OkCupid datasets, the company told the media and users that it was not involved with that third party.
Under the proposed settlement, OkCupid and Match would be permanently prohibited from misrepresenting how they collect, maintain, use, disclose, delete, or protect personal information, including photos, demographic data, and geolocation data. Restrictions would also cover how they describe the purposes of data collection and disclosure, as well as how they present privacy controls and consumer choices under state privacy laws.
The Commission vote authorising staff to file the complaint and stipulating the final order was 2-0. The FTC filed both in the US District Court for the Northern District of Texas, Dallas Division. The agency notes that a complaint reflects its view that it has ‘reason to believe’ the law has been or is about to be violated, while stipulated final orders carry the force of law only if approved and signed by the district court judge.
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