FTC Report On Big Data Outlines Usage Limitations Under Federal Law

On January 6, 2016 the Federal Trade Commission ("FTC") issued the report Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues ("Report"), based on prior workshops and subsequent public comments on Big Data usage. The Report concentrates on data usage, not collection, and the application of current law to such usage, and not perceived gaps in regulation. Industry can take comfort in the Report's non-expansive application of current law and its very limited application of FTC unfairness authority to Big Data usage.

Data brokers, platforms, analytics companies, e-tailers, ad networks, advertisers, creditors, employers, and others that are looking to Big Data to help make decisions and to develop, offer, and market products and services should look to the Report for guidance. Key take-aways include: