On March 26, the Federal Trade Commission issued a report that sets its final framework for protection of consumer privacy.

At this point, this framework is not regulation and therefore not enforceable, but FTC clearly expects entities to adopt best practices to implement the recommendations otherwise, the FTC will urge the lawmakers to enact the framework as legislation.

In a press release, FTC Chairman Jon Leibowitz stated that he expects that consumers will have "an easy to use and effective Do Not Track option by the end of the year."

Otherwise, he said that the lawmakers will enact laws to make the framework enforceable.

Although, the FTC carries a lot of weight with the lawmakers, it is yet to be seen whether the lawmakers and the White House will agree with the FTC on every point.

In a nutshell, at the instant they want to gather private information, companies are required, in an easy to understand manner, to notify the consumers that their information may be gathered and to provide an easy to follow choice to the consumer to consent or to withhold consent to his/her information being gathered.

Companies who gather information from 5,000 or fewer people in one year for the purposes of providing services and internal use, and for marketing for the company itself are exempt.

フローレンス・ロスタミ
弁護士

フローレンス・ロスタミ法律事務所創立者。米国進出の日系企業に日本語で法律相談を行う。