From: Forbes
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The FTC enforces many privacy laws, several of which provide narrow rulemaking authority. But its broadest authority rests on policing acts of deception or unfairness, a nebulous concept in all realms, including privacy. Pursuant to those powers, in 2011, the Federal Trade Commission (FTC) secured a 20-year consent order against Facebook, under which Facebook agreed to obtain consent from its users before sharing their data with third parties. Although Facebook could, in theory, face penalties of up to $40,000 per user per day for violating the FTC’s consent order, the mere threat of fines might not meaningfully deter Facebook’s behavior.
In a new paper published by the International Association of Privacy Professionals, Justin Brookman, Director of Consumer Privacy and Technology Policy for Consumers Union, argues that that the FTC’s current powers are not sufficient to keep up with a modern tech platform’s data practices. As Brookman explains, in spite of the FTC’s existing authority and the 2011 consent decree, Facebook tracks what its users and non-users do on other websites and apps without their knowledge or permission; shares users’ private profile data with hardware manufacturers without any transparency; and shares personal data with third-party apps even after offering a control to turn it off.
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