Federal Trade Commission (FTC) (7)

Topics and Issues

Data brokers (4)

Privacy (3)

The Federal Trade Commission announced that it issued “a final report setting forth best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their personal data. In the report, Protecting Consumer Privacy in an Era of Rapid Change: Recommendations For Businesses and Policymakers, the FTC also recommends that Congress consider enacting general privacy legislation, data security and breach notification legislation, and data broker legislation.”

The vote approving the report was 3-1. Commissioner J. Thomas Rosch dissented from the issuance of the Final Privacy Report. The FTC press release noted that Comm. Rosch

agrees that consumers ought to be given a broader range of choices and applauds the Report’s call for targeted legislation regarding data brokers and data security. However, Commissioner Rosch has four major concerns about the privacy framework because he believes: 1) in contravention of our promises to Congress, it is based on “unfairness” rather than deception; 2) the current state of “Do Not Track” still leaves unanswered many important questions; 3) “opt-in” will necessarily be selected as the de facto method of consumer choice for a wide swath of entities; and 4) although characterized as only “best practices,” the Report’s recommendations may be construed as federal requirements.

The dissent appears in Appendix C of the report.