{"id":5237,"date":"2017-09-17T15:43:05","date_gmt":"2017-09-17T15:43:05","guid":{"rendered":"https:\/\/www.ftcguardian.com\/articles\/?p=5237"},"modified":"2017-09-17T15:45:25","modified_gmt":"2017-09-17T15:45:25","slug":"ftcs-settlement-with-google-provides-game-changing-internet-privacy-regulations","status":"publish","type":"post","link":"https:\/\/www.ftcguardian.com\/articles\/ftcs-settlement-with-google-provides-game-changing-internet-privacy-regulations\/","title":{"rendered":"FTC&#8217;s Settlement With Google Provides Game Changing Internet Privacy Regulations"},"content":{"rendered":"<h1>FTC's Settlement With Google Provides Game Changing Internet Privacy Regulations<\/h1>\n<p>By Chip Cooper, ESQ.<\/p>\n<p>You\u2019ve certainly heard about Google\u2019s highly promoted BUZZ service which is designed to compete directly with Twitter by offering much of Twitter\u2019s basic functionality with a Facebook-like platform including location data integrated into Gmail.\u00a0 What you may not have heard is that the Federal Trade Commission (FTC) recently made BUZZ the poster child for the FTC\u2019s effort to show that the old tried and true privacy protection methodology is now not enough.<\/p>\n<p>Once again, the FTC has upped the ante for privacy requirements, and all websites are expected to comply with the new game changing regulations, or face the consequences.<\/p>\n<p><strong>The FTC\u2019s Allegations<\/strong><\/p>\n<p>On March 30, 2011, the FTC announced a proposed consent order regarding Google\u2019s BUZZ service.\u00a0 According the FTC, Google had engaged in deceptive practices regarding discrepancies between its privacy policy statements and its actual practices regarding BUZZ.<\/p>\n<p><a class=\"popup_7TLM_Cheat_Sheet\" data-toggle=\"modal\" data-target=\"#popup_7TLM_Cheat_Sheet_modal\" href=\"#\"><img decoding=\"async\" class=\"aligncenter\" src=\"\/images\/button_banner-7TLM_Cheat_Sheet.png\" alt=\"\" \/><\/a><\/p>\n<p>Google\u2019s privacy policy stated in part:\u00a0 \u201cWhen you sign up for a particular service that requires registration, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.\u201d<\/p>\n<p>When Google launched BUZZ, Google invited its Gmail users to sign-up with two options:<\/p>\n<ul>\n<li>\u201cSweet! Check out Buzz\u201d, or<\/li>\n<li>\u201cNah, go to my inbox\u201d.<\/li>\n<\/ul>\n<p>The FTC alleged that both of these options were deceptive. The \u201cSweet\u201d option was allegedly deceptive because users were not clearly informed that the identities of certain of their email recipients would be made public by default. The FTC claimed this was contrary to Google\u2019s promise to obtain consent for new information uses and also in violation of Google\u2019s requirements in its self-certified participation in the US-EU Safe Harbor program.<\/p>\n<p>The \u201cNah\u201d option was allegedly deceptive because users were unwittingly enrolled in certain parts of BUZZ despite selecting \u201cNah\u201d.<\/p>\n<p><a href=\"http:\/\/go.ftcguardian.com\/bw4uoy\"><img decoding=\"async\" src=\"https:\/\/s3.amazonaws.com\/ftcguardian\/images\/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif\" \/><\/a><\/p>\n<p><strong>The Game Changers<\/strong><\/p>\n<p>As part of the proposed settlement, Google is required to implement a comprehensive privacy program with very specific mandated requirements and to undergo privacy audits over the next twenty years.\u00a0 This requirement is not new.\u00a0 The FTC has historically signaled its expectations through consent orders with similar requirements.<\/p>\n<p>What\u2019s new, and certainly game changing, are the following.<\/p>\n<ul>\n<li>Covered Information.\u00a0 Up to now, privacy regulations has focused on \u201cpersonal information\u201d that may be used to identify an individual person.\u00a0 From now on, the focus will be on \u201ccovered information\u201d which the FTC construes to cover additional elements including screen names, location data, and lists of contacts.<\/li>\n<li>Privacy by Design.\u00a0\u00a0 Generally, privacy by design is a holistic approach where privacy compliance is designed physically into systems from their inception, rather than waiting to address compliance the end of the design process or separately through a published privacy policy.\u00a0 Although at this time there is scant information regarding privacy design specifics, a safe bet is that privacy by design will involve pop-up or interstitial messaging regarding the use and sharing of covered information at the time a user discloses information or opts in to a specific program.\u00a0 This is in stark contrast to the current practice of providing all such messaging in a separately published privacy policy.<\/li>\n<\/ul>\n<p><strong>Conclusion<\/strong><\/p>\n<p>With the proposed BUZZ settlement, the FTC has aggressively raised the bar in terms of privacy requirements for all online businesses.\u00a0 In essence, the FTC settlements have created \u201ccommon law\u201d regarding privacy, and websites that fail to comply do so at their peril.<\/p>\n<p>Expect more specific information regarding the game changers in the form of additional suits and settlements by the FTC in the near future.<\/p>\n<h2>Here\u2019s How To Make Sure You,\u00a0Your Business & Website Is FTC Compliant<\/h2>\n<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?<\/p>\n<p>Smart business owners around the world are doing it with the help of FTC Guardian.<\/p>\n<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected.\u00a0<a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\" rel=\"noopener noreferrer\">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.<\/a><\/p>\n<p>Free Compliance Workshop: <a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.<\/strong><\/a><\/p>\n<p>Here are some of the things you\u2019ll discover on the training:<\/p>\n<ul>\n<li>Real-Life Examples of People Who Didn\u2019t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too<\/li>\n<\/ul>\n<ul>\n<li>The 3 Enormous Powers The FTC Has That Can Change Your Life \u2013 And Your Family\u2019s Life \u2013 Forever!<\/li>\n<\/ul>\n<ul>\n<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms<\/li>\n<\/ul>\n<ul>\n<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You\u2019re In The FTC\u00a0Crosshairs.<\/li>\n<\/ul>\n<ul>\n<li>And Much More\u2026<\/li>\n<\/ul>\n<p><b>Remember: legal protection is a massively important part of your business, and it\u2019s one you cannot afford to ignore any longer.<\/b><\/p>\n<p><a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\" rel=\"noopener noreferrer\">Go here to register for our next FREE training and make your business is FTC compliant today!<\/a><\/p>\n<p><b>Disclaimer: \u00a0This article is provided for informational purposes only. It\u2019s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.<\/b><\/p>\n","protected":false},"excerpt":{"rendered":"<p>FTC&#8217;s Settlement With Google Provides Game Changing Internet Privacy Regulations By Chip Cooper, ESQ. You\u2019ve certainly heard about Google\u2019s highly promoted BUZZ service which is designed to compete directly with Twitter by offering much of Twitter\u2019s basic functionality with a &hellip;  <\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_analytify_skip_tracking":false,"footnotes":""},"categories":[12,59],"tags":[28,15,45,49,56],"class_list":["post-5237","post","type-post","status-publish","format-standard","hentry","category-ftc-compliance","category-privacy-policy","tag-federal-trade-commission","tag-ftc-compliance","tag-privacy-policy","tag-start-with-security","tag-technology"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/5237","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/comments?post=5237"}],"version-history":[{"count":2,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/5237\/revisions"}],"predecessor-version":[{"id":5432,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/5237\/revisions\/5432"}],"wp:attachment":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/media?parent=5237"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/categories?post=5237"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/tags?post=5237"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}