The Federal Trade Commission (FTC) filed its FTC Complaint against Google for its launch of Google Buzz, a social networking tool that links gmail.com users with other Google users. The Complaint focused on Google's failure to exclude users who had declined enrollment with Google Buzz, failure to inform Google Buzz users about various features of the tool, and failure to remove those who longer wished to be enrolled. Such failures violated both Google's own online privacy policy as well as the FTC's mandate against deceptive trade practices.
In addition, for the first time, the FTC alleged that Google's practices violated the US-EU Safe Harbor Framework.
The US-EU Safe Harbor Framework generally requires the following for Safe Harbor Self-Certification:
- An explanation as to how personal information is collected, shared, disclosed, used, and protected
- User choice to opt-in or opt-out of communications and services
- Limiting account access to the user
The FTC and Google appear to have agreed to a settlement. Of utmost importance is the affirmative duty on Google to disclose certain information prior to acting, to implement a comprehensive privacy policy program, and allow an independent privacy audit for the next twenty years. Once again, this shows the FTC's commitment to protecting personal information and avoiding deceptive trade practices by those who collect and use personal information. All entities would be well-served to obtain a privacy policy, preferably one drafted by an Internet attorney, specific to its service and particular use of personal information of its users.
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