The Federal Trade Commission has settled charges against fourteen companies that misrepresented compliance with the EU-US Safe Harbor privacy arrangement. In response to the FTC's request for public comment on the pending settlements, EPIC recommended that the Commission: (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. However, the FTC declined to make any changes. EPIC has previously stated that the Commission's ongoing failure to modify consent orders in response to public comments is "contrary to the interests of American consumers." An Irish Court has recently asked the European Court of Justice to determine whether the Safe Harbor Arrangement still provides adequate protection for EU consumer. 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