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Most of the questions directed at Facebook CEO Mark Zuckerberg in his second day of congressional hearings were high-level. But one of the most important was also one of the most basic: Who gets to decide what privacy is?
Zuckerberg appeared Wednesday before the House Energy and Commerce Committee in his second day of hearings to address issues with Facebook and privacy in the wake of the Cambridge Analytica scandal. During the hearing, Rep. Peter Welch (D-VT) asked Zuckerberg a crucial question about privacy: Who’s responsible for defining what privacy is under US law?
“Who gets the final say?” Welch asked. “Is it the private market, companies like yours, or is there a governmental function here that defines what privacy is?“
Welch’s question came as part of a series of yes-no queries that teased out a framework by which Facebook might be regulated by lawmakers.
“Do you believe,” Welch asked, “that the Federal Trade Commission or another properly resourced governmental agency with rulemaking authority should be able to determine on a regular basis what is considered personal information to provide certainty for consumers and companies what information needs to be protected most tightly?“
In other words: Does the government need a bigger role in determining what “personal information” is?
Embedded in this question was a nod to the recent action the European Union has taken to hold Facebook and other big tech companies to tougher privacy standards. The new laws require those companies to give users more control over their privacy settings, along with clearer access to those settings. Some experts have regarded the new laws as setting “a global standard” for how privacy is defined and dealt with, and Facebook recently announced that it would voluntarily apply the changes it’s making for European users to the rest of its users as well.
Zuckerberg’s response was typically hesitant, even if it was overall positive: “I think this is an area where some regulation makes sense,” he said. “You proposed a very specific thing, and I think the details matter.”
Welch went on to expand the question: “Will you work with this committee to help the US put in place our own privacy regulation that prioritizes consumers’ right to privacy? Just as the EU has done.”
“Congressman, yes,” Zuckerberg responded.
A transcript of the full exchange follows.
Welch
In an effort to move forward, Mr. Zuckerberg, I’ve framed some questions that hopefully will allow a reasonable yes or no answer to see if there’s some common ground to achieve the goal you assert you have and we certainly have, the obligation to protect the privacy of American consumers. First, do you believe consumers have a right to know and control what personal data company collect from them?
Zuckerberg
Yes.
Welch
Do you believe that consumers have a right to control how and with whom their personal information is shared with third parties?
Zuckerberg
Congressman, yes, of course.
Welch
And do you believe that consumers have a right to secure and responsible handling of their personal data?
Zuckerberg
Yes, Congressman.
Welch
And do you believe that consumers should be able to easily place limits on the personal data that companies collect and retain?
Zuckerberg
Congressman, that seems like a reasonable principle to me.
Welch
And do you believe that consumers should be able to correct or delete inaccurate personal data that companies have obtained?
Zuckerberg
Congressman, that one might be more interesting to debate.
Welch
Well, then get back to us with specifics on that. I think they do have that right. Do you believe consumers should be able to have their data deleted immediately from Facebook when they stop using the service?
Zuckerberg
Yes, Congressman, and they have that ability.
Welch
Good. And do you believe that the Federal Trade Commission or another properly resourced governmental agency with rulemaking authority should be able to determine on a regular basis what is considered personal information to provide certainty for consumers and companies what information needs to be protected most tightly?
Zuckerberg
Congressman, I certainly think that’s an area where we should discuss some sort of oversight.
Welch
There’s not a big discussion here. Who gets the final say? Is it the private market, companies like yours, or is there a governmental function here that defines what privacy is?
Zuckerberg
Congressman, I think this is an area where some regulation makes sense. You proposed a very specific thing, and I think the details matter.
Welch
All right. Let me ask you this. Will you work with this committee to help the US put in place our own privacy regulation that prioritizes consumers’ right to privacy? Just as the EU has done.
Zuckerberg
Congressman, yes. I’ll make sure that we work with you to flesh this out.
Welch
All right. And you have indicated, Facebook has not always protected the privacy of their users throughout the company’s history. It seems, though, from your answers, that consumers — you agree that consumers do have a fundamental right to privacy that empowers them to control the collection, the use, the sharing of their personal information online. And Mr. Chairman — and thank you.
