NTIA Should Consider New Privacy Paradigm

November 6, 2018

ANA has urged the National Telecommunications and Information Administration (NTIA) to consider a new privacy paradigm to be enforced by the Federal Trade Commission (FTC) as a single national standard for the reasonable collection and use of consumer data. Our comments were filed in response to a request for input on developing the Trump administration’s approach to consumer privacy. ANA has also signed onto additional comments signed by other leading members of the advertising community. 

Our comments describe the serious defects with both the EU’s General Data Protection Regulation (GDPR) and the new California Consumer Privacy Act (CCPA). Both will have potentially seriously damaging implications for U.S. businesses and consumers. The GDPR and the CCPA are undermining the competitive marketplace, and are particularly harmful to new market entrants and smaller entities. This overly restrictive approach threatens the free flow of information that is vital to delivering the products and services that consumers value and expect. We urged the NTIA to carry out a detailed review of the effects of both regulatory regimes on competition and consumers.

ANA has been working for several months with our member companies and other industry groups to develop a new privacy paradigm that would be enforced by the FTC as a single national standard. It would potentially amend the FTC Act to define “per se reasonable data collection and use practices,” which create little to no risk of consumer harm, as well as “per se unreasonable data collection and use practices,” which discriminate based on employment, credit eligibility, health care and other similar factors. Data that does not fall clearly within either of these categories will be determined to be reasonable or unreasonable through enforcement actions or rulemaking. We called on the NTIA to carefully consider this approach as they develop their privacy recommendations.

There also is increased interest in Congress to develop broad federal privacy and data security legislation, and we expect considerable activity in this area next year. We have been meeting with key policymakers to describe the “new paradigm” and urging them to consider this paradigm as a better alternative to the sweeping restrictions of the GDPR and the CCPA. We will continue to pursue these issues and foster an ongoing dialogue with our members as we hammer out new paradigm the details.

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