Carrying out a plan announced earlier this year, the Federal Trade Commission (“FTC”) convened a day-long public workshop on “The Big Picture: Comprehensive Online Data Collection” on December 6, 2012.  The workshop was intended to examine the practices and privacy implications of “comprehensive” data collection about consumers’ online activities.  Data collection capabilities of entities like Internet service providers and operating systems were discussed, but many speakers also focused heavily on data collection for advertising purposes using technologies such as cookies and web beacons.

FTC Commissioner Julie Brill, who opened the conference, voiced concern that online data could be used to harm consumers at work or in the financial arena.  She expressed interest in considering how the FTC’s existing recommendations for commercial data practices should apply to comprehensive online data collection.  FTC Commissioner Ohlhausen, speaking later in the day, stated that an eventual privacy framework should meet certain principles including technology neutrality, focus on consumer harm, and promotion of market approaches.

The workshop included panels on the risks and benefits of online data collection, consumer attitudes and choices, and the future of such collection. Several themes emerged from these discussions.  Some speakers, generally consumer advocates and academics, argued that online data collection presents risks of harm to consumers.  They contended that consumers cannot respond to these risks in the market because they are unaware of commercial data practices.  Other speakers from industry and academia highlighted the benefits of data collection, arguing that any regulation should not restrict collection but rather should address any data uses that cause concrete consumer harm in a technology neutral fashion.  Many speakers agreed that comprehensive data collection does not typically occur because consumers divide their time among many devices, browsers, and networks.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Julia Kernochan Tama

As a co-chair of Venable’s Privacy and Data Security Group, Julia Tama is a trusted advisor and advocate for large and small companies in a dynamic legal area. Julia helps clients resolve privacy and security compliance challenges and zealously defends companies against government…

As a co-chair of Venable’s Privacy and Data Security Group, Julia Tama is a trusted advisor and advocate for large and small companies in a dynamic legal area. Julia helps clients resolve privacy and security compliance challenges and zealously defends companies against government inquiries and enforcement actions. Her team is at the forefront of legal issues involving innovative technologies, including artificial intelligence (AI), machine learning, and connected vehicles. She takes a tailored, practical approach rooted in a fluent understanding of relevant technologies and each client’s unique business model and goals.

Emilio W. Cividanes

One of the country’s first privacy lawyers, Milo Cividanes focuses his practice on assisting companies to develop and implement regulatory, government relations, and litigation strategies to preserve and expand their use of data in connection with 21st century business models. He has…

One of the country’s first privacy lawyers, Milo Cividanes focuses his practice on assisting companies to develop and implement regulatory, government relations, and litigation strategies to preserve and expand their use of data in connection with 21st century business models. He has repeatedly been acknowledged globally as a leading authority on data protection and as an effective problem solver. Milo co-leads the eCommerce, Privacy, and Cybersecurity Group, which has been recognized as one of the top privacy practices and top advertising practices in the United States.

Stuart P. Ingis

Stu Ingis is chairman of Venable. Stu is a nationally recognized attorney who has earned a reputation among peers and the industry as a thought leader in crisis management, privacy, marketing, advertising, consumer protection, eCommerce, and Internet law. Stu’s leadership in developing cutting-edge…

Stu Ingis is chairman of Venable. Stu is a nationally recognized attorney who has earned a reputation among peers and the industry as a thought leader in crisis management, privacy, marketing, advertising, consumer protection, eCommerce, and Internet law. Stu’s leadership in developing cutting-edge industry self-regulation and coalition building has placed him at the forefront of privacy and data security regulation and public policy. Clients rely on him as a trusted voice, confidant, and advocate before Congress, the Federal Trade Commission, state attorneys general, and other federal and state agencies.