EPIC has submitted comments to the Federal Trade Commission, urging the agency to improve pending settlements in several Safe Harbor enforcement actions. According to the FTC, twelve companies misrepresented compliance with the EU-US privacy arrangement. EPIC recommended that the Commission revise the proposed orders to: (1) require the companies to comply with the Consumer Privacy Bill of Rights; (2) publish the companies' consent order compliance reports as they are submitted; and (3) strengthen the sanctions against a DNA testing firm, whose misrepresentations puts genetic information at risk. EPIC also noted that the Commission's ongoing failure to modify consent orders in response to public comments is "contrary to the interests of American consumers." For more information, see EPIC: EU Data Protection Directive and EPIC: Federal Trade Commission.
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Communications Law and Policy
Jerry Kang and Alan Butler