Information Resellers: Consumer Privacy Framework Needs to Reflect Changes in Technology and the Marketplace

Citation
Government Accountability Office, Information Resellers: Consumer Privacy Framework Needs to Reflect Changes in Technology and the Marketplace (GAO-13-663) (Sept. 25, 2013) (full-text).

Overview
The current statutory framework for consumer privacy does not fully address new technologies &mdash; such as the tracking of online behavior or mobile devices &mdash; and the vastly increased marketplace for personal information, including the proliferation of information sharing among third parties. With regard to data used for marketing, no federal statute provides consumers the right to learn what information is held about them and who holds it.

In many circumstances, consumers also do not have the legal right to control the collection or sharing with third parties of sensitive personal information (such as their shopping habits and health interests) for marketing purposes. As a result, although some industry participants have stated that current privacy laws are adequate--particularly in light of self-regulatory measures under way--GAO found that gaps exist in the current statutory framework for privacy. And that the framework does not fully reflect the Fair Information Practice Principles, widely accepted principles for protecting the privacy and security of personal information that have served as a basis for many of the privacy recommendations federal agencies have made.

Views differ on the approach that any new privacy legislation or regulation should take. Some privacy advocates generally have argued that a comprehensive overarching privacy law would provide greater consistency and address gaps in law left by the current sector-specific approach. Other stakeholders have stated that a comprehensive, one-size-fits-all approach to privacy would be burdensome and inflexible. In addition, some privacy advocates have cited the need for legislation that would provide consumers with greater ability to access, control the use of, and correct information about them, particularly with respect to data used for purposes other than those for which they originally were provided. At the same time, industry representatives have asserted that restrictions on the collection and use of personal data would impose compliance costs, inhibit innovation and efficiency, and reduce consumer benefits, such as more relevant advertising and beneficial products and services. Nonetheless, the rapid increase in the amount and type of personal information that is collected and resold warrants reconsideration of how well the current privacy framework protects personal information. The challenge will be providing appropriate privacy protections without unduly inhibiting the benefits to consumers, commerce, and innovation that data sharing can accord.