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What’s the Harm? CDT Comments to FTC Highlight Informational Injury Considerations

On Friday, CDT submitted comments to the Federal Trade Commission in advance of its December 2017 workshop exploring the contours of informational injury. Privacy violations are often highly contextual, making injury resulting from them difficult for individuals to evaluate and regulators like the FTC to quantify. Despite this practical challenge, the Commission can harness its existing tools to protect individuals from privacy harm; in our comments, we argue that the FTC should aggressively use its Section 5 unfairness powers to police business practices that create informational injury.

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Can Data Collaboratives Improve Nonprofit Data Governance?

While nonprofits are as susceptible to the data risks, threats, and pitfalls that for-profit companies routinely trip over, it can be easy to view dollars spent on privacy and security as money diverted from other important areas. Building on a report by GovLab, here are several of CDT’s recommendations for how “data collaboratives” can help nonprofits to improve their privacy and security practices.

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Financial Dashboards: Enhancing User Control Outside a Traditional “Privacy Dashboard”

Privacy dashboards are often put forward as a potential solution to the vexing problem of offering individuals control over their personal information. Industry actors have been iterating on the concept for years, but regulators of all stripes are well-positioned to provide useful guidance and best practices to improve dashboards as a form of user control.

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Ninth Circuit Issues Ruling on Spokeo: Inaccuracies Create Concrete Harms

Over seven years ago, CDT filed a complaint with the Federal Trade Commission against the people-search company Spokeo, alleging that the company and other data brokers were not protecting consumers as required by the Fair Credit Reporting Act (FCRA). A class action lawsuit filed against Spokeo in 2011, led by lead plaintiff Thomas Robins, raised a host of new issues about the nature of privacy harms, the actual protections provided by federal privacy laws, and the use of litigation as a vehicle for protecting consumers’ privacy. According to this week’s ruling by the Ninth Circuit, the accuracy of this type of information is “directly and substantially related” to the goals of the FCRA.

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Fast-moving House Bills on Autonomous Vehicles May Undercut Privacy and Security Regulation

The House Energy and Commerce Committee is poised to introduce a package of fourteen bills that aim to spur deployment of autonomous vehicles on U.S. roadways. Legislative action is warranted, but several of the legislative proposals may have unintended consequences as policymakers grapple with the privacy and security issues posed by data-fueled autonomy.

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Uber’s Fingerprinting Foibles and the Costs of Not Complying with Industry Self-Regulation

No stranger to privacy kerfuffles, Uber is once again in the news for its business practices and invasive use of technology. This time, the headlines are focused on Uber’s intentional circumvention of Apple’s developer rules, which prohibit apps from collecting certain technical identifiers from iPhones. The larger challenge this raises is determining whether Uber’s violation of Apple’s developer terms could or should raise regulatory ire. Sanctions should be tailored to fit the crime, but when it comes to privacy and security mishaps with technology, consumers and their advocates are left in the dark.

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Data Portability’s Potential and Promise

In collaboration with the Bertelsmann Foundation, CDT is releasing a paper that explores how legal regimes founded on principles of individual control (that is, a person having some say in what happens to their data) have fared in the big data world. We examine legal frameworks in the United States, the European Union, and Germany to understand how their approaches have been challenged by big data. We also shine a light on the public’s view of their own control in big data products and services, and reflect on how these views differ in the US and abroad.

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