The Federal Trade Commission issued a major report on consumer privacy today, including recommendations that Congress enact data breach and broad privacy legislation.   Although the FTC is advocating legislation, the report largely serves as a framework for the FTC to convince industry to voluntarily comply with its recommendations. The Commission did not indicate that it would be issuing regulations, but is expected to use existing powers under Section 5 of the Federal Trade Commission Act to require companies to comply with any agreements they make to protect consumer privacy.
 
The report called upon industry to adopt a "do not track" mechanism. More important, the FTC wants consumers to have access to information that data brokers hold about them:
 
"Data Brokers: To address the invisibility of, and consumers' lack of control over, data brokers' collection and use of consumer information, the Commission supports targeted legislation - similar to that contained in several of the data security bills introduced in the 112th Congress - that would provide consumers with access to information about them held by a data broker. To further increase transparency, the Commission calls on data brokers that compile data for marketing purposes to explore creating a centralized website where data brokers could (1) identify themselves to consumers and describe how they collect and use consumer data and (2) detail the access rights and other
choices they provide with respect to the consumer data they maintain."
 
The FTC also announced that it will hold an additional privacy workshop in the second half of 2012.
 
This report could serve as a catalyst for pending privacy and data breach legislation. The NCISS Legislative Committee will be working with the major data brokers and continue to monitor all proposed privacy legislation and develop an action plan to insure the investigative profession's continued access to vital information. 

Keeping the profession informed,

Jimmie Mesis, LPI

NCISS Legislative Chairman

NCISS

7501 Sparrows Point Boulevard

Baltimore, Maryland 21219-1927

T-(800) 445-8408  F-(410) 388-9746

jim@nciss.org

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