Antitrust Law Daily Wrap Up, PRIVACY NEWS: FTC comments to FCC on consumer privacy and data security issues, (Sep 22, 2014)

By Linda O’Brien, J.D., LL.M.

The FTC has provided information on its enforcement, policy, and education work related to consumer privacy and data security as applied to residential broadband Internet services in a comment filed today with the Federal Communications Commission (FCC).

In response to the FCC’s inquiry into the status of broadband availability and deployment to all Americans, the FTC comment noted that promoting consumer trust in digital technology was of critical importance to both consumers and businesses. The FTC comment highlighted the agency’s efforts to promote consumer privacy and data security through rigorous enforcement of the FTC Act, the Fair Credit Reporting Act (FCRA), and the Children’s Online Privacy Protection Act (COPPA) and the obligations of broadband service providers under these laws.

As examples on the agency’s enforcement efforts regarding privacy and security obligations on broadband providers, the FTC comment noted that it has brought more than 50 cases under the FTC Act over alleged lax security practices and numerous cases against companies that have interfered with consumer privacy surreptitiously collecting data through software. The agency has also brought 23 cases under COPPA and obtained over the $9 million in civil penalties from broadband service providers that knowingly collected person information from children under age 13.

In its comment, the FTC described the agency’s extensive policy work on privacy and data security, including its overarching privacy report, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations For Businesses and Policymakers,” as well as guidance issued by the agency on protecting consumer data. The Commission’s comment also noted the FTC's numerous workshops, seminars, staff reports, and testimony before Congress on topics related to consumer privacy and data security issues.

The FTC also noted its commitment to promoting better privacy and data security practices through consumer education and business guidance. The agency has distributed millions of copies of educational materials for consumers and businesses to address ongoing threats to security and has made guidance available online. Companies that provide broadband services must adhere to privacy and security obligations imposed by the FTC Act, FCRA, and COPPA, and the FTC will continue to actively enforce these laws where appropriate in the broadband service market, the comment concluded.

The Commission vote to authorize staff to file the comment with the FCC was 5-0.

News: Privacy FederalTradeCommissionNews