FTC Releases Latest Privacy Report, Proposes New "Do No Track" Mechanism

Wilson Sonsini Goodrich & Rosati
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On December 1, 2010, the Federal Trade Commission (FTC) issued its latest report on privacy, Protecting Consumer Privacy in an Era of Consumer Change: A Proposed Framework for Businesses and Policymakers.1 The report proposes a new framework for analyzing privacy issues, based upon three general principles: privacy by design, simplified choice, and greater transparency. The agency seeks public comment on the report, which has far-reaching implications for any business that collects, uses, or discloses consumer data.

In the wake of the report, businesses that collect, use, or disclose information about consumers either online or offline — regardless of whether that information is personally identifiable or not — may want to take a fresh look at their information practices. Businesses that depend upon collecting, using, and disclosing such information, especially those involved in online advertising, should consider providing comments to the FTC regarding the report and how the proposed framework may affect their business.

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