For the past nearly two decades, the FTC has risen to become the leading federal agency that regulates privacy and data security. In this webinar, Professor Daniel J. Solove will discuss how the Federal Trade Commission (FTC) is enforcing privacy and data security. What are the standards that the FTC is developing for privacy and data security? What sources does the FTC use for the standards it develops?
A common misconception is that the FTC’s jurisprudence has been rather thin, merely focuses on enforcing promises made in privacy policies. To the contrary, a deeper look the FTC’s jurisprudence demonstrates that it is quite thick and has extended far beyond policing promises. The FTC has codified certain norms and best practices and has developed some baseline privacy and security protections. The FTC has laid the foundation for an even more robust law of privacy and data security. Professor Solove will discuss some of the potential ways this body of regulation could develop in the future.
My webinar was written up at the Wall Street Journal. If you’re interested in seeing it, it’s free and available here. Below is some background about the FTC as well as some of my writings about the FTC that may be of interest if you want a deeper dive.
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Identity theft is terrible crime, and it can wreak havoc on victims’ lives. In an identity theft, the thief uses a victim’s personal information to improperly access accounts, obtain credit in the victim’s name, or impersonate the victim for other purposes.
But there is an effective way to stop a lot of identity theft, and the legal framework is already in place to do it. In a relatively short time, the Federal Trade Commission (FTC) could prevent a significant amount of identity theft – perhaps even a majority of it – and no new laws need to be passed.
I know that it might be hard to believe – as hard to believe as a suitcase filled with a million dollars just sitting abandoned on the sidewalk – but it is quite true.
Before I explain how, I need to provide some background.
One of the great ironies about information privacy law is that the primary regulation of privacy in the United States has barely been studied in a scholarly way. Since the late 1990s, the Federal Trade Commission (FTC) has been enforcing companies’ privacy policies through its authority to police unfair and deceptive trade practices. Despite more than fifteen years of FTC enforcement, there is no meaningful body of judicial decisions to show for it. The cases have nearly all resulted in settlement agreements. Nevertheless, companies look to these agreements to guide their privacy practices. Thus, in practice, FTC privacy jurisprudence has become the broadest and most influential regulating force on information privacy in the United States – more so than nearly any privacy statute and any common law tort.
We have begun producing a new program series about financial privacy. The first two programs are completed.
The first part is an overview video that discusses the importance of financial privacy and the various laws and regulations that regulate. These laws and regulations are discussed very broadly. The video concludes with some key best practices for protecting financial data. This video is made in a unique style — an animated piece of currency.
The second program focuses on the Gramm-Leach-Bliley Act (GLBA). The video discusses the GLBA’s scope, notice, confidentiality, data sharing, and security. The video also explains why protecting the privacy and security of financial data is important.
There are interactive materials and quiz questions to accompany the video.