FTC Final Privacy Report:
What is Means for Business

Bloomberg BNA


FTC Commissioner Julie Brill, Jim Halpert of DLA Piper, and Reed Freeman of Morrison & Foerster will address the report's best practices for business and recommendations that Congress consider enacting general privacy legislation, data security and breach notification legislation, and data broker legislation. This includes the Commission's calls for "privacy by design," simplified choice for businesses and consumers, and greater transparency of privacy practices.

The panel will also address the five main action items the Commission identified in the report:

  • Do-Not-Track: The report indicates that the Commission will work with stakeholders to complete implementation of an easy-to-use, persistent, and effective Do Not Track system;

  • Mobile Privacy Protections: The Commission states that the Commission will work on improving mobile privacy protections, including disclosures in the mobile environment, which it will address in a May 30 workshop;

  • Data Brokers: The Commission's report calls on data brokers to make their operations more transparent by creating a centralized website to identify themselves, disclose how they collect and use consumer data, and detail the choices that they provide consumers about their own information;

  • Large Platform Providers: The report cites heightened privacy concerns about the extent to which platforms, such as Internet Service Providers, operating systems, browsers and social media companies, seek to comprehensively track consumers' online activities, and notes that the FTC will host a public workshop in the second half of 2012 to explore issues related to comprehensive tracking; and

  • Promoting Enforceable Self-Regulatory Codes: Following on the Obama Administration's recent release of its Privacy Bill of Rights, the FTC's report states that the Commission will work with the Department of Commerce and stakeholders to develop industry-specific codes of conduct. To the extent that strong privacy codes are developed, when companies adhere to these codes, the FTC's Report indicates that the FTC will take that into account in its law enforcement efforts.




Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.