The Federal Trade Commission (FTC) has finalised a settlement with Everalbum about its Ever photo app which allegedly deceived consumers about its use of facial recognition technology and retention of photos and videos of users who deactivated their accounts.

As part of the deal with the FTC, Everalbum Inc must obtain consumers’ express consent before using facial recognition technology on their photos and videos.

The company must also delete photos and videos of Ever app users who have deactivated their accounts and the models and algorithms it developed from photos and videos uploaded by users.

In addition, if the company markets software to US consumers for personal use, it must obtain users’ express consent before using biometric information collected from them.

The FTC announced the draft settlement last January before opening it to public comment. Everalbum shut down the Ever app August last year, citing increased competition from default services offered by Apple and Google.

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