The Federal Trade Commission has published "Data Brokers: A Call for Transparency and Accountability." The report follows from a FTC Investigation of the data broker industry. The report describes the unbounded collection of personal information about American consumers that is then widely sold in the private sector. The Commission recommended modest legislative changes and failed to address many of consumers' privacy concerns, including profiling and "scoring" of consumers. Commissioner Julie Brill issued a statement, calling for more substantial consumers safeguards. Senators Rockefeller and Markey have also introduced The Data Broker Accountability and Transparency Act of 2014 (DATA Act), which would regulate data brokers and other companies that profit from the sale of consumer information. In 2005, EPIC testified before the the House Commerce Committee on "Identity Theft and Data Broker Services" and Urged Congress to establish comprehensive regulation of the data broker industry following the disclosure that Choicepoint was selling personal information to criminals engaged in identity theft. For more information, see EPIC: Choicepoint, EPIC: Privacy and Consumer Profiling, and EPIC: FTC.
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Communications Law and Policy
Jerry Kang and Alan Butler