From: Inside Counsel
A list of three major practices cited in recent data security enforcement actions, along with the best practices that companies should consider implementing
One of the biggest takeaways from Judge Esther Salas’ recent opinion in FTC v. Wyndham Worldwide Corp., et al was that in the absence of formal Federal Trade Commission (FTC) rules on data security practices, companies should consider the settlements and advisory opinions from prior FTC enforcement actions for guidance. Accordingly, we have compiled a list of three major practices cited in recent data security enforcement actions, along with the best practices that companies should consider implementing.
Non-conforming privacy policy
The most frequent reason companies face FTC enforcement action continues to be a general failure to conform data security practices to data security policies — a practice the FTC has repeatedly argued is deceptive. Two of the most prominent FTC’s actions relating non-conforming privacy policies have involved Google.
- In U.S. v. Google, Inc., the FTC filed a complaint alleging that Google’s practice of adding cookies within Apple’s Safari browser, even after a user specifically opted against cookies, was deceptive in light of Google’s representations in its Advertising Cookie Opt-Out Plug-in page.
When you want to make your home secure, you lock the door. When you want to prevent your bike from being stolen, you use a bike lock. When you want to protect your valuable possessions, you keep them in a safe. But what do you do to protect your identity online?
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