Enforcement and Policy at the FTC and the Impact on Businesses

Presented by

Christopher Wolf, Partner, Hogan & Hartson LLP and Founder/Co-Chair, Future of Privacy Forum

About this talk

The privacy and data security enforcement agenda at the Federal Trade Commission is evolving. Consent decrees are imposing stricter and more specific standards on business with respect to the collection, usage, storage, sharing and disposal of personal information. Recent changes in leadership at the FTC, and public statements from the FTC Chairman and the Director of the Bureau of Consumer Protection, suggest more aggressive privacy and data security enforcement in the coming years. And the entire paradigm of privacy protection, including its foundation of notice and choice, is under reexamination after a series of FTC Roundtables conducted in later-2009 and early-2010. For businesses under the jurisdiction of the FTC, the impact of this evolving enforcement agenda is significant. Greater attention than ever must be paid to the issue of notice and choice, as well as to the physical, technical and administrative safeguards provided for personal information, to ensure that specific statutory standards enforced by the FTC are met and that the general consumer protection standard of Section 5 is also satisfied. This presentation will trace the evolution of the FTC enforcement agenda to the present day, and will summarize the "common law" of privacy and data security that has arisen from FTC consent decrees, explaining what is now required of businesses.

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