Twitter: The possibility of attributing responsibilities to administrative officers for the personal data of users is open

His lawyer Elon Musk at the end of last week he sought to reassure them employees of Twitter that themselves they will not face the attribution of responsibilities in the event that the company does not comply with a federal regulation regarding the protection of user privacy when activating new technological features and capabilities.

But former officials at the US Federal Transport Commission (FTC) don’t think it’s so clear-cut.

In May 2022 under a settlement with the same committee, Twitter has agreed to improve its privacy practices which he used, while the relevant responsibilities he passed them on to management officials who had specific positions within the company. But compliance with the regulations has raised questions as Musk tries to quickly roll out new technology features and capabilities to address Twitter’s debt and revenue losses and return it to profitability. In addition, as APE-MPE notes, several management officials who were charged with the implementation of the regulations have resigned or been driven to their decision to leave the company.

The views of former officials differ on the whether Twitter’s settlement with the FTC makes the company’s executives directly liable at the legal level in the event that Twitter fails to honor its commitments under the agreement or in the event that the same committee proceeds to take additional steps, such as conducting a new investigation or seeking a new settlement before taking legal action against specific persons of the administration.

Howard Beals, former director of the FTC’s Bureau of Consumer Protection, said that starting with the Obama administration, the same agency has tried to make administration officials personally responsible for the decisions they make and their companies’ implementation of them. .

He said that the FTC has always had the authority to take personal action against executives who violate regulations and impose penalties; but has rarely chosen to do so.

David Vladek, former director of the Office of Consumer Protection at the FTC, said it is likely to take another investigation and possibly another enforcement action before Twitter executives can be held personally liable for potential breaches. However, he added that “the FTC will act flexibly if it perceives that users’ privacy is at risk.”

Several former FTC officials said current FTC Commissioner Lina Kahn has expressed an interest in holding executives personally liable when mutually agreed-upon regulations are violated.

The FTC said Thursday that it is “following the current developments on Twitter with deep concern. No executive director or company is above the law, while companies should follow the decisions that have been made together.”

Twitter did not respond to requests for comment.