Jul 312014
 July 31, 2014  Posted by  Business, Govt

Jeff Kosseff writes:

As the Federal Trade Commission takes an increasingly broad view of its authority to regulate privacy and consumer protection, one of the agency’s five commissioners is calling for a more cautious approach.

In a speech today to TechFreedom and the International Center for Law and Economics in Washington, D.C., Commissioner Joshua D. Wright disagreed with the Commission’s recent approach to regulating “unfair” practices under Section 5 of the FTC Act.  Wright argued that before the Commission brings an “unfairness” complaint against a company, it first must conduct a rigorous economic analysis to determine whether the harms outweigh the consumer benefits.

Read more on Covington & Burling Inside Privacy.

Jul 312014
 July 31, 2014  Posted by  Business, Court, Featured News

Wendy Davis reports:

Some watchdogs are trying to convince the Federal Trade Commission to intervene in a class-action lawsuit alleging that Google violated users’ privacy.

Google agreed to settle the case last year for $8.5 million, but opponents call the settlement a “farce” because it doesn’t require the company to change its practices. The privacy advocates — including the Electronic Privacy Information Center, Center for Digital Democracy, Consumer Watchdog, Patient Privacy Rights and Privacy Rights Clearinghouse — want the FTC to voice opposition to the settlement.

Read more on MediaPost.

Jul 312014
 July 31, 2014  Posted by  Business

Scott Cleland, Chairman of NetCompetition, has an opinion piece on Daily Caller that begins:

Google has privacy clay feet.

The NSA and Big Data may also, since they are relying on many of the same outdated legal assumptions as Google.

In the last few months, both the U.S. Supreme Court and European authorities have made new baseline privacy decisions that have greatly strengthened individuals’ right to privacy. As a result, they’ve also exposed and heightened Google’s massive privacy liabilities.

Contrary to tech-driven conventional wisdom, privacy is not dead. It’s being resurrected by SCOTUS in the U.S. and by various European authorities in the EU.

Read more on Daily Caller.

Jul 312014
 July 31, 2014  Posted by  Laws

Daniel Solove writes:

…. I find it interesting what various countries define as sensitive data, and K Royal has created an awesome chart that she shared with me. To a privacy wonk like me, a chart like this makes me giddy with excitement, and so I thought I’d share it with you (with her permission, of course).

First, here’s a tally of the various types of most-commonly recognized categories of sensitive data. This is based on a chart of the sensitive data category of many countries that K Royal created.

See the chart and read more on LinkedIn.