Privacy & Security Law Blog

Privacy & Security Law Blog

Legal Commentary and Resources for the Payment Industry

Insight & Commentary on Information Management and Protection

Monthly Archives: December 2010

Commerce Releases Privacy Report; Recommends Industry Self-Regulation and Creation of Privacy Policy Office

Posted in Marketing and Consumer Privacy

By Paul Glist

On December 16, 2010, the Commerce Department released its own Privacy Report, suggesting a “revitalized” privacy framework that can protect consumer privacy, dynamic businesses and innovation, and promote better global data flow, Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework.  Like the Federal Trade Commission’s counterpart Privacy Report of December 1, 2010, this “green paper” is a first step inviting comment, but it adopts a markedly more balanced approach.  It invites more reliance on cooperative industry self-regulation, while proposing the creation of a Privacy Policy Office within the Commerce Department which could coordinate the Administration’s privacy policies here and represent the US abroad.... Continue Reading

FTC Releases Privacy Report; Outlines New Framework for Privacy Protections and Do Not Track

Posted in Marketing and Consumer Privacy

By Paul Glist

The Federal Trade Commission has released its long awaited Privacy Report. The Report proposes a “normative framework” for new privacy protections that would cover the use of personal and profiling information across all industries, on and offline, and recommends a “do not track” law to limit online behavioral advertising.  (Copy of the FTC’s Report is available here.)  The Report is something of a hybrid. It is positioned as a preliminary staff report for comment, but voted on by the FTC Commissioners (over cautionary statements by the Republicans). It is partly a companion and complement to Bobby Rush’s privacy bill; partly a call for rulemaking comments (by January 31, 2011); partly a call for better industry self-regulation; and partly a warning of more aggressive enforcement activity to come under existing law.

Premises. The Report renews an FTC refrain that the current framework for privacy enforcement needs updating. Consumers don’t read or understand privacy notices, so cannot give informed consent. They have little or no idea that data profiles are assembled by parties with whom they have no direct relationship, and feel nervous that profiles are being used to deliver targeted advertising. Whether or not the profiles ... Continue Reading