FTC on the future of privacy

Staff from the Federal Trade Commission responded to the Department of Commerce, National Telecommunications and Information Administration (NTIA) Request for Comment on “Developing the Administration’s Approach to Consumer Privacy.” The comments outline the agency’s experience protecting consumers’ privacy through enforcement, education, and policy work. The comments also explain the guiding principle of the FTC’s current approach: “balancing the risk of harm with the benefits of innovation and competition.” Next, the comments apply this guiding principle to four areas highlighted by the NTIA’s Request for Comment: security, transparency, control and FTC enforcement. Here are some highlights:

• Security: The FTC has a strong history of data security enforcement and renews its call for comprehensive data security legislation.
• Transparency: The FTC encourages a consumer-oriented approach that takes context, form, effectiveness, and consumer demand into account.
• Control: The FTC continues to encourage “a balanced approach” that considers consumer preferences, the context of the choice (such as the type of data use and any associated risk), and the choice mechanism.
• FTC Enforcement: Drawing on its history of leadership and expertise on privacy and security issues, the FTC will continue its vigorous enforcement on privacy and security.

Finally, the comments consider potential future directions for privacy policy in the United States. As the staff notes, “the FTC brings an unwavering commitment to protecting consumers’ privacy while promoting competition and innovation.” Specifically, the FTC plans to continue using Section 5 to police deceptive and unfair practices.