Today, SIIA submitted comments on the Preliminary FTC Staff Report on Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers. Here’s an excerpt:
SIIA strongly supports the balance between privacy and the free flow of information, as well as the balance between the need for consumer confidence and continued innovation.
To that end, we appreciate the FTC, the DOC and the Administration for taking such a thorough, thoughtful approach, rather than rushing to make policy recommendations at this time.
In an era of rapidly changing technology and business models, the development of a fixed regulatory framework for privacy protection is a counterproductive exercise.
Therefore, SIIA strongly cautions against the implementation of unnecessary legislation or regulations, in favor of a framework that is industry-led, voluntary and enforceable.
The FTC’s proposed privacy framework calls for companies that collect or use consumer data to adopt certain privacy protections to ensure that consumers and other data subjects are protected from privacy-related harm.
The Report combines elements of the previous policy frameworks used by the Commission – the notice and consent and the harm frameworks – to craft a checklist of good information management practices that companies can use as they design the systems and business practices or update them to provide new products or services to their customers.
The key elements of this new privacy framework include:
- Data security, reasonable collection limitations, sound retention policies and data accuracy;
- Choice on the collection and use of data at the time of data collection, except for certain commonly accepted business practices;
- Clearer, shorter and more standardized privacy notices;
- Special choice for online behavioral advertising: Do Not Track; and
- Reasonable access to data.