Executive Director Andrew Serwin recently published an article on the history and jurisdiction of the FTC, its record of privacy enforcement, the role of Privacy by Design, as well as the future of privacy regulation and the key role of self-regulation and best practices. These topics are important to understand because the FTC is the main privacy enforcement agency in the United States and the article provides guidance regarding where the FTC has jurisdiction to act, and what it has found objectionable in the past. It also provides forward-looking guidance for companies on privacy, as well as recommendation for legislative reform to help clarify the area. It is also of relevance to entities that are subject to Dodd-Frank, because some of the principles in Dodd-Frank are based upon the FTC’s Section 5 authority.
A link to the article can be found here.