Overview of the FTC’s Report on Consumer Privacy

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On December 1, 2010, the Federal Trade Commission (“FTC” or “Commission”) released a preliminary staff report (the “Report”) setting forth a framework for how commercial entities should protect consumer information.

Through this Report, the Commission seeks to inform policymakers, including Congress, in their development of solutions, policies, and potential laws governing privacy. The Report is also intended to guide and motivate the industry as it develops best practices and self-regulatory guidelines. Notably, the FTC observed that industry efforts to develop meaningful protections for consumer information have fallen short in recent years, which suggests that legislation in this area is likely warranted.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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