May 062016
 May 6, 2016  Govt

Lindsay Tonsager writes:

In a blog post published on the Federal Trade Commission (FTC) website, Jessica Rich, Director of the FTC’s Bureau of Consumer Protection, recently stated that:

“we regard data as ‘personally identifiable,’ and thus warranting privacy protections, when it can be reasonably linked to a particular person, computer, or device. In many cases, persistent identifiers such as device identifiers, MAC addresses, static IP addresses, or cookies meet this test.”

The post (which reiterates Ms. Rich’s remarks at the Network Advertising Initiative’s April meeting) suggests a shift in the FTC’s treatment of IP addresses and other numbers that identify a browser or device.   The FTC previously has taken the position that browser and device identifiers are deserving of privacy protections, but the FTC generally has avoided classifying these identifiers as equivalent to personally identifiable information (such as name, email, and address) except in the narrow context of children’s privacy.

Read more on Covington & Burling Inside Privacy.

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