This is a presentation from Anthony Targan from the Business Law & Order event on E-Commerce, Advertising and Raising Money Online.

1. If Privacy is None of Your Business,
You Could Soon Be Out of Business
Anthony Targan
Senior Corporate Counsel
ProQuest LLC

2. Overview
Disclaimer: Views presented are my personal opinions and do not
necessarily represent those of ProQuest LLC
 Privacy laws and enforcement on the increase
 White House: “Consumer Privacy Bill of Rights”
 Federal Trade Commission
 Internet businesses require global compliance
 Privacy Policy requirements, domestic and abroad
 Social Networking and User Generated Content
 DMCA and EU safe harbor

3. Privacy: What’s the Big Deal?
Common Misperceptions…
 Facebook Generation: Nothing is private, right?
 Privacy Policy = “We won’t sell your personal info”
 If you don’t like it, just unsubscribe or opt out
 I’m in MI, so I only need to worry about US law

4. “Consumer Privacy Bill of Rights”
Consumers have the right to:
 Control how personal data is used
 Avoid having information collected in one context
and then used for an unrelated purpose
 Have information held securely
 Know who is accountable for the use or misuse of
an individual’s personal data

5. “Do Not Track”
 Mechanism to give consumers more control over
the data that is being collected from them,
including for delivering behavioral advertising.
 Digital Advertising Alliance, Google, Microsoft,
Yahoo, and Twitter have committed to develop
technology to handle Do Not Track signal.
 Facebook?

6. Federal Trade Commission
Enforcement Authority by US FTC:
 FTC regulates “deceptive” or “unfair” privacy practices.
 Companies that adopt FTC's “best practices” subject
themselves to FTC enforcement for any lapses.
Authority to enforce Privacy Bill of Rights IF:
 Congress passes accompanying legislation; or
 Companies adopt voluntary codes of conduct

7. International Laws
 Canada
 European Union – Does not allow data transfer to
countries with inadequate privacy laws (US)
 Italy – Google executives sentenced for failure to
remove video that showed bullying of autistic boy
by teenagers in Italy (2010)
 Asia-Pacific Economic Cooperation (APEC)
 US goal: global privacy policy equality to promote
international interoperability and consistency

8. Privacy Policy Essentials
 What sites are covered? One size does not fit all
 What is personally identifiable information?
 YES: Full name, social security number, IP address,
phone number, birth date, residence address
 NO: Business card information
 What information do you collect?
 How do you use or display information collected?

9. Privacy: Social Networking
 User Generated Content
 Connecting via Facebook
 Contests and Surveys (including via Facebook)
 Social Networking On-line Protection Act
 Cookies
 Children

10. Privacy Policy… “What Ifs”
 Selling Out: What happens if you sell your
business?
 Opting Out: How do people unsubscribe or
terminate their account? What happens to info?
 Third Parties: Hosting company or service
providers may have different policies.
 Security measures
 Changes to the policy

11. Digital Millennium Copyright Act
 DMCA safe harbor provisions protect websites
from liability for material posted by their users
 Remove known infringing material
 Comply with notice and take-down procedures

12. EU Safe Harbor Certification
 Notice – Inform individuals how data is collected
and used
 Choice – Ability to opt out of data collection and
transfer
 Onward Transfer – Only to companies that follow
adequate data protection principles
 Security -- Reasonable efforts to prevent data loss

13. EU Safe Harbor Certification…
 Data integrity – Data must be relevant and reliable
for the purpose it was collected for.
 Access – Individuals must be able to access
information held about them, and correct or delete
it if it is inaccurate
 Enforcement – Effective means of enforcing rules,
including dispute resolution process (such as
Better Business Bureau)

14. Questions?
Anthony Targan
Senior Corporate Counsel
ProQuest LLC
Ann Arbor, Michigan
734-997-4102
anthony.targan@proquest.com