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The Federal Trade Commission

In the United States, federal consumer protection issues, including those related to data privacy, are regulated by the Federal Trade Commission. Congress created and delegated this authority with the Federal Trade Commission Act. 

The Federal Trade Commission Act

15 U.S.C. §§ 41-58, as amended.

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The FTC Act is the primary statute of the Commission. Under this Act, the Commission is empowered to do the following:

(a) precent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce,

(b) seek monetary redress and other relief for conduct injurious to consumers,

(c) prescribe rules and establish requirements designed to define and prevent with specificity acts or practices that are unfair or deceptive,

(d) gather and compile information and conduct investigations relating to organization, business, practices, and management of entities engaged in commerce,

(e) make reports and legislative recommendations to Congress and the public.

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Relevant Sections: §§ 45 (Unfair methods of competition unlawful; prevention by Commission), 46 (Additional Powers of Commission)

FTC's Annual "Privacy & Data Security" Update:

Every year, the FTC releases a "Privacy & Data Security" Update. This update is important because it gives a comprehensive overview of how the FTC protected consumer privacy and promoted data security. The report includes litigation that the FTC is currently involved in. It is split by listing out general privacy litigation and topical (i.e. children's privacy, data security, financial privacy, etc.) privacy litigation. The update ends with a section on the advocacy work the agency is partaking in and a section listing the rules that the agency has created and enforced pursuant to the FTC Act. Below are links to the updates from 2014-2020. 

FTC's Case Database:

The FTC keeps are compilation of the cases they are involved in on their website. In order to see a comprehensive list of privacy related matters, you can filter the "Consumer Protection Topics" by specifying "Privacy and Security" cases. This database is especially useful because it not only gives you the final opinion, but it also provides the complaint and any other litigation documents involved in the case. 

FTC Rules and Guides:

FTC's Consumer Information Website:

The FTC maintains a website dedicated to providing tips and advice to consumers. One of the tabs on the website is information relating to "privacy, identity, & online security". The page covers topics such as limiting unwanted calls & emails, online security, protecting kids online, and identity theft. This is a good resource for any person who in interested in how to protect their privacy online. 

FTC's Business Center:

The FTC maintains a page on their website dedicated to businesses. Since there are various laws and regulations the FTC enforces, they created a guide to to help businesses know when some laws apply to them and how to comply. The Privacy & Security tab on the page goes over federal laws such as COPPA, GLBA, and FCRA. 

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