By: Linda Goodman
After the repeal of the FCC’s broadband privacy rules in 2017, Rep. Frank Pallone, D-NJ, asked the Government Accountability Office to review the role of the federal government in protecting online consumer information from misuse.
The GAO interviewed dozens of industry representatives, consumer advocacy groups and academia as well as government agencies, to include the former commissioners of the FTC and FCC. The GAO focused on the limitations and strengths of the FTC and FCC in handling of privacy enforcement and what can be improved.
The GAO report determined that the FTC lacked the authority to level civil monetary penalties in most of their enforcement actions. The industry leaders argued that the FTC should not be given new privacy-specific regulations that could hinder innovation. On the other hand, consumer advocates supported giving the FTC greater powers to issue and enforce regulations.
The FCC had a more limited role in overseeing internet privacy especially once the privacy rules for internet service providers was repealed in 2017.
The GAO is recommending that Congress establish a national privacy framework in which they specifically outline which agency would be responsible for online privacy enforcement, what powers are given and to balance between consumers’ need for internet privacy and the industry’s ability to provide services and keep innovating.
Rep. Pallone said, “This detailed GAO report makes clear now is the time for comprehensive congressional action on privacy that should include ensuring any agency that oversees consumer privacy has the tools to protect consumers. These recommendations and findings will be helpful as we look to develop privacy legislation in the coming months.”
Consumer Privacy issues are on the top of the agenda for lawmakers since the GDPR went into effect last year and the California Consumer Privacy Act was signed into law last year. This is one subject to monitor closely.
For more information and to view the full GAO report, go to the GAO’s website here: https://www.gao.gov/products/GAO-19-52
To follow Rep. Frank Pallone, go to his website here: https://pallone.house.gov/
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This article was originally posted on Cliclaw.com as part of my ongoing efforts to share valuable legal insights. I regularly contribute guest blogs to leading websites in the field of internet compliance. In these posts, I cover a range of topics to help businesses stay compliant in the ever-evolving digital world. You can read my latest guest contributions on Cliclaw.com.
This article is a publication of The Goodman Law Firm and is intended to provide information on recent legal developments. This article does not create an attorney-client relationship, nor should it be construed as legal advice or an opinion on specific situations. This may constitute “Attorney Advertising” under the Rules of Professional Conduct and under the law of other jurisdictions.
Linda L. Goodman is the founder of The Goodman Law Firm, concentrating its practice in internet business and law. Her firm’s clients include Advertisers, Affiliates, Affiliate Networks, and ISP’s.
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