Thursday, October 25, 2018

FTC, In the Matter of Uber Technologies, Inc., Decision and Order, Docket No. C-4662


Consumer Protection
Consumer Privacy
Data Security
Unfair Practices affecting Commerce
FTC
In the Matter of Uber Technologies, Inc.


Allegations that Uber deceived consumers about its privacy and data security practices. Federal Trade Commission gives final approval to this settlement with Uber.
As a result of its failure to take reasonable measures to secure both rider and driver data, said company suffered two breaches (May 2014 and Oct.-Nov. 2016).
Following the second data breach, the FTC negotiated this final settlement with Uber, under which:
Covered incident reports (Provision 4): Uber could be subject to civil penalties if it fails to notify the FTC of certain future incidents involving unauthorized access to consumer information, which includes both driver and rider information.
Prohibition against misrepresentations (Provision 1): The company is also prohibited from misrepresenting how it monitors internal access to consumers’ personal information and the extent to which it protects the privacy, confidentiality, security, and integrity of personal information.
Mandated privacy program (Provision 2), and privacy assessments by a third party (Provision 3): Uber must implement a comprehensive privacy program and for 20 years obtain biennial independent, third-party assessments, which it must submit to the Commission, certifying that it has a privacy program in place that meets or exceeds the requirements of the FTC order.
Compliance report and notices (Provision 6), and recordkeeping requirements (Provision 7).

This Order will terminate on October 25, 2038, or 20 years from the most recent date that the United States or the Commission files a complaint (with or without an accompanying settlement) in federal court alleging any violation of this Order, whichever comes later.

(The Oct. 25, 2018 complaint states that the acts and practices of respondent alleged in the complaint have been in or affecting commerce, as “commerce” is defined in Section 4 of the Federal Trade Commission Act, and that the acts and practices of respondent as alleged in the complaint constitute unfair or deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a)).

(FTC, In the Matter of Uber Technologies, Inc., Oct. 25, 2018, Decision and Order, Docket No. C-4662)

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