Commerce Privacy Green Paper Released, But It's No Second Fiddle to the FTC

Paper Encourages FIPPs-Based Privacy Standard, 'Voluntary But Enforceable' Industry Codes, and the Creation of A New Privacy Policy Office

On December 16, 2010, the Department of Commerce's Internet Policy Task Force¹ released a privacy green paper entitled, "Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework" ("Green Paper"), which lends another voice to the privacy debate and attempts to create a universal privacy baseline. While the report makes no recommendations to cover specific industry sectors that are addressed by existing privacy regulations, such as health care, financial services and education, it is clear that the Department of Commerce would like to lead the regulatory agenda in the online privacy overhaul that is expected in 2011. In general, the release will kick start an ongoing discussion of privacy and we encourage organizations to undertake some cost-benefit analysis now for the best outcome in 2011.