1. FTC Publishes Privacy Report

    On March 26, 2012, the Federal Trade Commission published its long-awaited privacy report containing a proposed framework that will protect the interests of consumers while permitting the collection and use of personal information by companies that follow standardized practices. From law firm Mintz Levin:

    “… the FTC explains that the report calls on companies handling consumer data to implement recommendations for protecting privacy, including:

    • Privacy By Design – companies should build in consumers’ privacy protections at every stage in developing their products. These include reasonable security for consumer data, limited collection and retention of such data, and reasonable procedures to promote data accuracy;

    • Simplified Choice for Businesses and Consumers – companies should give consumers the option to decide what information is shared about them, and with whom. This should include a Do-Not-Track mechanism that would provide a simple, easy way for consumers to control the tracking of their online activities; and

    • Greater Transparency – companies should disclose details about their collection and use of consumers’ information, and provide consumers access to the data collected about them.”

    The report outlines five “action items” on which the agency will focus its policymaking efforts: a “Do Not Track” system, privacy protections in mobile services, the collection and use of consumer information by data brokers, large platform providers that track online activities, and enforceable self-regulatory codes of conduct for the industry. 

    According to Mintz Levin, businesses should pay particular attention to the FTC’s call for a Do Not Track system: 

    “FTC Chairman Jon Leibowitz suggested: ‘We are confident that consumers will have an easy to use and effective Do Not Track option by the end of the year because companies are moving forward expeditiously to make it happen and because lawmakers will want to enact legislation if they don’t.’  This statement acts as a warning to companies that they must take the initiative to act on their own in implementing an effective Do Not Track system, or likely face legislation requiring them to do so.”

    Read the updates:

    • FTC Releases Recommendations for Business and Policymakers (Proskauer)

    • FTC Issues Long-Awaited Privacy Report (Mintz Levin)

    • FTC Released Final Privacy Report (Fraser Milner Casgrain LLP) 

    • FTC Adopts Final Privacy Report, Renews Push For Do Not Track and Regulation of Data Brokers (Davis Wright Tremaine LLP) 

    • FTC Releases Highly Anticipated Final Report on Consumer Privacy (Manatt, Phelps & Phillips, LLP) 

    • FTC Releases Final Version of Privacy Report (Loeb & Loeb LLP) 

    • FTC Releases Final Privacy Report And Framework For Protecting Consumer Privacy (Patton Boggs LLP) 

    • FTC Releases Final Privacy Report, Sets Forth Best Practices, and Calls for Federal Privacy, Data Security, and Breach Notification Legislation (Wilson Sonsini Goodrich & Rosati) 

    • Federal Trade Commission’s Protecting Consumer Privacy in an Era of Rapid Change 

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