[{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2014/04/keep-fcra-foreground-when-subject-background-screening","description":"Keep FCRA in the foreground when the subject is background screening chundycz April 9, 2014 | 12:13AM Keep FCRA in the foreground when the subject is background screening By Lesley Fair When the talk turns to Big Data, part of the conversation is about all the public information available about people's lives – and how companies market it to prospective employers, landlords, etc.  Two cases just announced by the FTC  serve as a cautionary reminder to members of the industry that what they do may be subject to the long-standing consumer protections of the  Fair Credit Reporting Act (FCRA) .  InfoTrack, an Illinois company, and San Diego-based Instant Checkmate will be paying civil penalties to settle FTC lawsuits that they violated the FCRA.  Is it time for an FCRA refresher at your business? Instant Checkmate marketed its reports as a way for prospective employers and landlords to investigate applicants.  For example, the company advertised that one of the “GOOD REASONS to get instant criminal checks on anyone right now” was to “check out tenants before they rent.”  It also used a Google Ad Words campaign to make sure its site appeared when people searched for background checks on nannies, babysitters, maids, and housekeepers.  What kind of information would buyers get?  Current and previous addresses, birth certificates, arrest histories, and marriage and divorce records, to name just a few examples. InfoTrack offered similar services to employers nationwide, including background screening reports with people’s driving records, education and employment information, criminal histories, and even records from sex offender registries. How does the FCRA come in?  The law defines a “consumer report” as a “communication of any information” by a consumer reporting agency (CRA) that bears on a person’s “credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living” which is used (or expected to be used) as a factor in establishing their eligibility for credit, insurance, employment, or other reasons outlined in the law. According to the FTC, what Instant Checkmate and InfoTrack were doing triggered the FCRA.  For example, companies covered by the law must follow procedures to assure their reports are as accurate as possible, must take steps to see that those using their reports have permissible purposes for accessing them, and must provide required User Notices explaining key protections for consumers.  The law imposes special requirements when CRAs provide reports containing public record information that could have an adverse effect on a person’s ability to get a job.  In that case, the CRA must either: 1) notify the consumer that it’s reporting the information in the public record; or 2) maintain “strict procedures” – that’s the language in the law – designed to ensure the reported public information is complete and up to date. You’ll want to read the complaints for specifics of where the FTC says the companies fell short, but one example cited in the lawsuit against InfoTrack offers an object lesson on why FCRA protections are so important to consumers – and how the consequences can be devastating when companies don’t live up to the law.  According to the FTC, the reports InfoTrack provided to prospective employers included information about whether a job applicant was on the National Sex Offender Registry.  The employer would provide the first and last name and the date of birth to help InfoTrack with its search.  The problem was that before the fall of 2011, no date of birth was available for many names on the Registry.  If InfoTrack’s search found more than one person with the same first and last name, it reported a “possible match” to employers and gave them reports that included several different people with the","titre":"Keep FCRA in the foreground when the subject is background screening","id":3198181,"pubDate":"Mon, 05 Oct 2026 14:07:46 +0200"},{"id":3197409,"pubDate":"Mon, 05 Oct 2026 08:07:08 +0200","titre":"Stick with Security: Require secure passwords and authentication","description":"Stick with Security: Require secure passwords and authentication lfair August 11, 2017 | 10:47AM Stick with Security: Require secure passwords and authentication By Thomas B. Pahl, Acting Director, FTC Bureau of Consumer Protection To make it harder for hackers to bluff their way onto a computer network, careful companies follow the advice of Start with Security and require strong authentication practices . We’ve considered FTC settlements, closed investigations, and the questions we get from businesses about implementing good authentication “hygiene.” Here are some tips on using effective authentication procedures to help safeguard your network. Insist on long, complex, and unique passwords. A password’s very reason for being is to be easy for a user to remember, but hard for a fraudster to figure out. Obvious choices like ABCABC, 121212, or qwerty are the digital equivalent of a “hack me” sign. Furthermore, experts have determined that passphrases or longer passwords are generally harder to crack. The smarter strategy is for companies to think through their standards, implement minimum requirements, and educate users about how to create stronger passwords. Also, when you install software, applications, or hardware on your network, computers, or devices, change the default password immediately. And if you design products that require consumers to use a password, configure the initial set-up so they have to change the default password. Example: A staff member attempts to select payroll as the password for the database that includes employee payroll information. The company sets up its system to reject an obvious choice like that. Example: To access the corporate network, a business allows employees to type in their username and a shared password common to everyone who works there. Employees are also allowed to use that shared password to access other services on the system, some of which contain sensitive personal information. The more prudent policy would be to require strong, unique passwords for each employee and to insist that they use different passwords to access different applications. Example: At a staff meeting, a company’s IT manager offers tips for employees about good password hygiene. She explains that passphrases or longer passwords are better than short passwords based on standard dictionary words or well-known information (for example, a child’s name, a pet, a birthday, or a favorite sports team). By establishing a more secure corporate password standard and educating employees about implementing it, the IT manager is taking a step to help her company reduce the risk of unauthorized access. Store passwords securely. A company’s first line of defense against data thieves is a workforce trained to keep passwords secret. But even the strongest password is ineffective if an employee writes it on a sticky note on her desk or shares it with someone else. Train your staff not to disclose passwords in response to phone calls or emails, including ones that may appear to be coming from a colleague. Con artists have been known to impersonate corporate officials by spoofing phone numbers or email addresses. A compromised password poses a particular risk if it can be used to open the door to even more sensitive information – for example, a database of other user credentials maintained on the network in plain, readable text. Make it difficult for data thieves to turn a lucky password guess into a catastrophic breach of your company’s most sensitive data by implementing policies and procedures to store credentials securely. Example: A new employee gets a call from someone who claims to be the company’s system administrator. The caller asks him to verify his network password. Because the new staffer learned about impersonation scams at an in-house security orientation, he refuses to disclose his password and instead reports the incident to the appropriate person in the company. Example: A company keeps user credentials and other passwords in plain","url":"https://www.ftc.gov/business-guidance/blog/2017/08/stick-security-require-secure-passwords-authentication","source":"FTC USA Business Blog Posts"},{"pubDate":"Tue, 16 Jun 2026 08:09:40 +0200","id":2959787,"titre":"FTC Data Show People Reported Losing $3.5 Billion to Imposter Scams in 2025","description":"New data from the Federal Trade Commission reveal that people reported losing a staggering $3.5 billion to imposter scams in 2025, with reported losses increasing nearly three times since 2020. FTC data also show that people reported imposter scams more than any other fraud category in 2025—nearly one in three fraud reports were about imposter scams. These scams lured consumers through text, phone, email, social media, search engine results and other means. Some of the costliest impersonation scams start with a fake security alert, often from a bank. People are convinced to move money to “protect” it, with their losses often limited only by their available funds. Last year, people reported losing nearly $1 billion to business impersonators with the highest reported losses to bank impersonators—and about $920 million to government impersonators, up from $866 million and $789 million respectively in 2024. The FTC has seen a striking increase in reported fraud losses to all types of fraud—about $16 billion was reported lost in 2025, the highest on record and an increase of about 25% compared to the 2024 figure. “Consumers derive enormous benefits from competitive markets built on truthful information. But fraud undermines that foundation, impeding the market process and preventing markets from operating efficiently,” said Christopher Mufarrige, Director of the Bureau of Consumer Protection. “The FTC will use every tool available to combat one of the most pernicious forms of fraud—government and business impersonation—and to protect the integrity of the digital economy.” The data underscore the importance of the FTC’s work with the  Elder Justice Coordinating Council (EJCC) , which is working to help raise awareness of imposter scams and other scams impacting older adults as well as other consumers. This year, the FTC, along with the Department of Justice, Department of Health and Human Services and members of the EJCC, is leading the Never Ever campaign, a public-private coordinated consumer education effort to raise awareness of government and business imposter scams. In addition to the federal agency members of the EJCC , the campaign also includes private sector representatives such as the American Bankers Association, USTelecom, Google and Microsoft. To help the public spot imposter scams, EJCC members launched the Never Ever campaign, which is aimed at promoting messaging on the key actions that government and businesses will Never Ever take. The Never Ever campaign will run from June 15 to June 26, in conjunction with World Elder Abuse Awareness Day. This first-of-its-kind public-private partnership includes participants from a wide range of organizations and is aimed at directing consumers to a website that includes information and resources to help them avoid imposter scams and what to do if they spot one. Enforcement Actions To help combat impersonation scams, the FTC in 2024 finalized the Impersonation Rule. The Rule gives the agency stronger tools to combat and deter scammers who impersonate government agencies and businesses, enabling the FTC to file federal court cases seeking to get money back to injured consumers and civil penalties against rule violators. Since then, the FTC has vigorously enforced the rule and brought a dozen enforcement actions that have resulted in halting imposter schemes and obtained over $70 million in redress for consumers. In 2025, the FTC brought law enforcement actions under the Impersonation Rule against:  American Tax Service (IRS imposter scheme);  MediaAlpha (government imposter scheme to sell health insurance);  Click Profit (business imposter money making scam);  Blackstone Legal (phantom debt business imposter scheme) and  Accelerated Debt Settlement (government and business imposter scheme that targeted older adults for debt relief). More recently, the  FTC filed a complaint against Innovative Partners in April 2026 , alleging the operators","url":"https://www.ftc.gov/news-events/news/press-releases/2026/06/ftc-data-show-people-reported-losing-3-point-5-billion-imposter-scams-2025","source":"Federal Trade Commission - Protecting America's Consumers"},{"url":"https://www.edpb.europa.eu/news/news/2026/edpb-annual-report-2025-supporting-stakeholders-through-guidance-and-dialogue_en","source":"EDPB News","description":"Brussels, 09 April - The European Data Protection Board (EDPB) has published its  2025 Annual Report . The report provides an overview of the EDPB work carried out in 2025 and reflects on important milestones, such as the adoption of the  Helsinki Statement on Enhanced Clarity, Support, and Engagement . “In 2025, we saw the data protection landscape change significantly. The rapid expansion of the EU’s digital regulatory framework has added complexity to the data protection ecosystem. To help organisations navigate this complexity and support compliance, the EDPB focused on enhancing legal certainty, making compliance more achievable in practice, and strengthening cooperation, both among Data Protection Authorities and with other regulators.  We also prioritised meaningful dialogue with stakeholders to ensure our work reflected real-world needs. Our achievements support economic growth while continuing to protect individuals’ fundamental rights to privacy and data protection.” EDPB Chair, Anu Talus   The Helsinki’s statement initiatives leading the way In 2025, the EDPB worked actively to address the demand for regulatory simplification to support innovation and economic growth, while ensuring the protection of individuals’ personal data.  With this in mind, the Board adopted the  Helsinki Statement on Enhanced Clarity, Support, and Engagement , which outlines new initiatives to  make GDPR compliance easier, strengthen consistency, enhance the dialogue and improve transparency with stakeholders and boost cross-regulatory cooperation .   For example, the Board launched a public consultation to ask organisations which templates would be most useful, organised several stakeholder events to consult organisations on upcoming guidelines and systematically published reports on stakeholder input.    Easing compliance for organisations and providing legal advice In the context of ongoing discussions on regulatory simplification at EU level, the EDPB actively contributed to legislative initiatives aimed at reducing administrative burden and streamlining requirements. The Board adopted a  joint opinion with the European Data Protection Supervisor (EDPS) on the Commission’s Proposal for a Regulation amending certain regulations, including the GDPR.  In addition, the Board held important discussions on this matter during plenary meetings, which subsequently informed the  EPDB/EDPS joint opinions on the Commission’s proposals on the  Digital Omnibus and on the  Digital Omnibus on AI adopted at the beginning of 2026. The Board also delivered five adequacy-related opinions concerning United Kingdom, Brazil and the European Patent Organisation (EPO).  In addition, the Board adopted  Recommendations on the legal basis for requiring the creation of user accounts on e-commerce websites , and  Recommendations on the 2027 WADA World Anti-Doping Code  upon request from the Commission.   Strengthening cross-regulatory cooperation Cross-regulatory cooperation was a key focus for the EDPB last year. The EDPB worked together with the European Commission to clarify how data protection and digital laws interact and to address legal and practical challenges in cross-sectoral cases. In 2025, the EDPB adopted its first set of  joint guidelines with the Commission on the interplay between the Digital Markets Act (DMA) and the GDPR . The Board also worked with the Commission on joint guidelines on the interplay between the AI act and EU data protection laws for adoption in 2026.  In addition, the EDPB adopted  guidelines on the interplay between the Digital Services Act (DSA) and the GDPR .   Placing stakeholders at the heart of the EDPB work In 2025, a public consultation was launched on the  joint guidelines with the Commission on the DMA and the GDPR . The Board has also organised public consultations on the EDPB guidelines on  DSA and GDPR","id":2816021,"pubDate":"Thu, 09 Apr 2026 14:14:02 +0200","titre":"EDPB annual report 2025: supporting stakeholders through guidance and dialogue"},{"pubDate":"Thu, 19 Mar 2026 14:12:59 +0100","id":2769535,"titre":"CEF 2026: EDPB launches coordinated enforcement action on transparency and information obligations under the GDPR","description":"Brussels, 19 March - The EDPB has launched its Coordinated Enforcement Framework (CEF) action for 2026*. Following a year-long coordinated action on the right to erasure in 2025 , the CEF's focus this year will shift to compliance with the obligations of transparency and information under the GDPR . The GDPR ensures that individuals are informed when their data is being processed (under Art. 12, 13 and 14). This right to be informed is a core element of transparency and ensures that individuals have more control over their data. Next steps During 2026, 25 Data Protection Authorities (DPAs) across Europe will take part in this initiative. They will look closely to assess the compliance of controllers with their transparency obligations under the GDPR. Participating DPAs will soon contact controllers from different sectors across Europe, either through enforcement actions or fact-finding exercises. In the latter case, they might also decide to undertake additional follow-up actions if needed. During the second half of the year, participating DPAs will share and discuss their findings together, with a view to aggregate the results of their national actions and generate deeper insight into the topic. A consolidated report will then be drafted and submitted for adoption by the EDPB, allowing for targeted follow-ups on both national and EU levels. Background The CEF is a key action of the EDPB under its 2024-2027 Strategy , aimed at streamlining enforcement and cooperation among DPAs. In 2023, the EDPB published the report on its first coordinated action on the use of cloud-based services by the public sector . In 2024, the EDPB also published the report on the outcome of the second coordinated action on the designation and position of Data Protection Officers . In 2025, the EDPB issued the report on its third coordination action on the implementation of the right of access . In 2026, the EDPB has adopted a report on its Coordinated Enforcement Framework (CEF) action on the right to be forgotten (Art.17 GDPR) .   Note to editors: *The Board selected this topic during its October 2025 plenary","url":"https://www.edpb.europa.eu/news/news/2026/cef-2026-edpb-launches-coordinated-enforcement-action-transparency-and-information_en","source":"EDPB News"},{"url":"https://www.edpb.europa.eu/news/news/2026/edpb-identifies-challenges-hindering-full-implementation-right-erasure_en","source":"EDPB News","pubDate":"Wed, 18 Feb 2026 15:27:14 +0100","id":2703238,"titre":"EDPB identifies challenges hindering the full implementation of the right to erasure","description":"Brussels, 18 February - The European Data Protection Board (EDPB) has adopted a  report on its Coordinated Enforcement Framework (CEF) action on the right to be forgotten (Art.17 GDPR) .  The  Board selected this topic  as it is one of the most frequently exercised GDPR rights and one about which DPAs frequently receive complaints from individuals. The main objectives of this coordinated action are to ensure that the right to erasure is effectively exercised by individuals in Europe and understand how controllers comply with this right in practice. In addition, the EDPB identified good practices and the most important related challenges, with the aim of providing further guidance on this topic.  Throughout 2025, 32 DPAs across Europe took part in this initiative. More specifically, 9 DPAs have initiated new formal investigations or have continued ongoing ones, and 23 DPAs carried out a fact-finding exercise. A total of 764 controllers across Europe responded to the action, ranging from small and medium-sized enterprises (SMEs) to big companies active in many different industries and fields, as well as various types of public entities. The results of these national actions have been aggregated and analysed together allowing for targeted follow-up on both national and EU level.   Areas of improvement and main challenges The report lists the issues that were identified, along with a series of recommendations addressed to controllers, to help them implement the right to erasure. Seven recurring main challenges were identified by DPAs. The results confirmed some of the findings of the 2024 coordinated action on the right of access , for example when it comes to the lack of appropriate internal procedures to handle requests, or the lack of sufficient information provided to individuals. In addition, participating DPAs reported specific findings related to the reliance by some controllers on inefficient anonymisation techniques to handle erasure requests as an alternative to deletion. DPAs also noted inconsistent practices, and the difficulties faced by controllers regarding the determination of retention periods and the deletion of personal data in the context of back-ups. In addition, as the right to erasure is not an absolute right, some controllers face difficulties in assessing and applying the conditions for the exercise of this right, including in carrying out the different balancing tests between the right to erasure and other rights and freedoms.   Follow-up to help organisations comply  Extensive guidance, documents and templates exist at national level to help controllers comply with the right of erasure and help individuals exercise this right. In line with the Helsinki Statement’s objectives of making GDPR compliance easier and ensuring consistent interpretation and enforcement across Europe, the extensive guidance and templates already available at national level will be leveraged at EDPB level where appropriate.   Background and next steps The CEF is a key action of the EDPB under its 2024-2027 Strategy , aimed at streamlining enforcement and cooperation among DPAs.  In 2023, the EDPB published the report on its first coordinated action on the  use of cloud-based services by the public sector . In 2024, the EDPB also published the report on the outcome of the second coordinated action on the  designation and position of Data Protection Officers . In 2025, the EDPB issued the report on its third coordination action on the  implementation of the right of access . The CEF 2026 action will be on the  obligations of transparency and information under the GDPR .   For further information: DA DPA:   EDPB vedtager rapport om dataansvarliges overholdelse af retten til sletning EL DPA: Ολοκλήρωση της συντονισμένης δράσης του"},{"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2025/12/ftc-will-require-illusory-systems-return-money-stolen-hackers-implement-information-security-program","titre":"FTC Will Require Illusory Systems to Return Money Stolen by Hackers and Implement an Information Security Program","pubDate":"Wed, 17 Dec 2025 09:50:37 +0100","id":2577895,"description":"The Federal Trade Commission is taking action against Illusory Systems Inc. for failing to implement adequate data security measures, leading to a major security breach in which hackers stole $186 million from consumers. Under a proposed order settling the FTC’s allegations, Utah-based Illusory, which does business as Nomad, will be required to implement an information security program to address numerous alleged security failures and to return recovered money to affected consumers. “The FTC Act requires companies to take reasonable security measures,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “It’s important that companies live up to their security promises to consumers.” In its complaint , the FTC alleged that Nomad prominently touted its security in its advertising, claiming that it offered “security-first” services. The FTC, however, alleged that the company failed to live up to these promises by failing to: use secure coding practices; implement processes for receiving and addressing vulnerability reports and responding to security incidents; and utilize widely known technologies that might have helped mitigate consumer losses. According to the complaint, in June 2022, Nomad introduced inadequately tested code that included a significant vulnerability. Just over a month later, hackers began exploiting the vulnerability. The FTC alleged that Nomad failed to respond to the attack in time because of its inadequate security and incident response measures, which led to the loss of $186 million. The company was able to recover some money, but consumers lost approximately $100 million. Nomad was warned about the dangers of inadequate testing as well as the need to ensure it had adequate staff and security in place. The company, however, failed to implement basic safety measures that would mitigate consumer losses, the FTC alleged. Under the proposed order , Nomad will be prohibited from making misrepresentations about its security practices. In addition, the company will also be required to: Implement a comprehensive information security program that is designed to protect consumers from theft or other unauthorized access and address the security issues outlined in the FTC’s complaint; Obtain biennial assessments of its information security program by an independent third party and cooperate with the third-party assessor; and Return to consumers money recovered following the security breach that was not already returned to customers. The Commission voted 2-0 to accept the proposed complaint and order for public comment. The FTC will publish a description of the consent agreement package in the Federal Register soon. The agreement will be subject to public comment for 30 days after publication in the Federal Register after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments will appear in the published notice. Once processed, comments will be posted on Regulations.gov. NOTE:  The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $51,744. The lead staff attorneys on this matter are M. Hasan Aijaz and Julia Horwitz with the FTC’s Bureau of Consumer"},{"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en","description":"Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by intermediary service providers and include references to GDPR concepts and definitions. While it is up to the competent authorities under the DSA - with the support of the European Board for Digital Services and EU courts - to interpret the DSA, there are a number of provisions which relate to the GDPR. These include: notice-and-action systems that help individuals or entities report illegal content recommender systems used by online platforms to automatically present specific content to the users of the platform with a certain relative order or prominence the provisions to ensure a high level of privacy, safety, and security of minors and prohibiting that profile-based advertising using their data is presented to them transparency of advertising by online platforms prohibition of profiling-based advertising using special categories of data  The EDPB guidelines help to understand how the GDPR should be applied in the context of DSA obligations. The EDPB also provides practical guidance relating to the cross-regulatory cooperation between authorities to coordinate enforcement which will provide more legal certainty for intermediary service providers and ultimately to protect the rights and freedoms of individuals. The guidelines will be subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback. EDPB Chair Anu Talus said: “By clarifying the interplay between the DSA and the GDPR, these guidelines mark a significant step towards ensuring a coherent and effective EU digital rulebook, and they will help uphold the fundamental rights and freedoms of individuals. I hope that stakeholders, including the competent authorities under the DSA, will make the most of the opportunity to contribute to the public consultation\". More work in the pipeline Following these first guidelines on the interplay between the GDPR and the DSA, further work is underway with other regulators to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working on joint guidelines with the European Commission on the interplay between the Digital Markets Act (DMA) and the GDPR, as well as on joint guidelines on the interplay between the AI Act and EU data protection laws.","titre":"Interplay between the DSA and the GDPR: EDPB adopts guidelines","pubDate":"Fri, 12 Sep 2025 15:51:31 +0200","id":2368407},{"url":"https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-surveillance-pricing-study-indicates-wide-range-personal-data-used-set-individualized-consumer","source":"Federal Trade Commission Concurrence communiqués","pubDate":"Thu, 10 Apr 2025 09:51:48 +0200","id":2044739,"titre":"FTC Surveillance Pricing Study Indicates Wide Range of Personal Data Used to Set Individualized Consumer Prices","description":"The Federal Trade Commission’s initial findings from its surveillance pricing market study revealed that details like a person’s precise location or browser history can be frequently used to target individual consumers with different prices for the same goods and services. The staff perspective is based on an examination of documents obtained by FTC staff’s 6(b) orders sent to  several companies in July aiming to better understand the shadowy market that third-party intermediaries use to set individualized prices for products and services based on consumers’ characteristics and behaviors, like location, demographics, browsing patterns and shopping history. Staff found that consumer behaviors ranging from mouse movements on a webpage to the type of products that consumers leave unpurchased in an online shopping cart can be tracked and used by retailers to tailor consumer pricing. “Initial staff findings show that retailers frequently use people’s personal information to set targeted, tailored prices for goods and services—from a person's location and demographics, down to their mouse movements on a webpage,” said FTC Chair Lina M. Khan. “The FTC should continue to investigate surveillance pricing practices because Americans deserve to know how their private data is being used to set the prices they pay and whether firms are charging different people different prices for the same good or service.” The FTC’s study of the 6(b) documents is still ongoing. The staff perspective is based on an initial analysis of documents provided by Mastercard, Accenture, PROS, Bloomreach, Revionics and McKinsey & Co. Image The FTC’s 6(b) study focuses on intermediary firms, which are the middlemen hired by retailers that can algorithmically tweak and target their prices. Instead of a price or promotion being a static feature of a product, the same product could have a different price or promotion based on a variety of inputs—including consumer-related data and their behaviors and preferences, the location, time, and channels by which a consumer buys the product, according to the perspective. The agency will only release information obtained from a 6(b) study as long as all data has been aggregated or anonymized to protect confidential trade secrets from company respondents, and therefore the staff perspective only includes hypothetical examples of surveillance pricing.  The staff perspective found that some 6(b) respondents can determine individualized and different pricing and discounts based on granular consumer data, like a cosmetics company targeting promotions to specific skin types and skin tones. The perspective also found that the intermediaries the FTC examined can show higher priced products based on consumers’ search and purchase activity. As one hypothetical outlined, a consumer who is profiled as a new parent may intentionally be shown higher priced baby thermometers on the first page of their search results. The FTC staff found that the intermediaries worked with at least 250 clients that sell goods or services ranging from grocery stores to apparel retailers. The FTC found that widespread adoption of this practice may fundamentally upend how consumers buy products and how companies compete. As the FTC continues its work in this area, it is issuing a request for information   today seeking public comment on consumers’ experiences with surveillance pricing. The RFI also asks for comments from businesses about whether surveillance pricing tools can lead to competitors gaining an unfair advantage, and whether gig workers or employees have been impacted by the use of surveillance pricing to determine their compensation. Comments are due by April 17. The Commission voted 3-2 to allow staff to issue the report. Commissioners Andrew Ferguson and Melissa Holyoak issued a dissenting statement related to the release of the initial research summaries. The FTC has additional resources on the interim"},{"description":"Brussels, 20 January - The European Data Protection Board (EDPB) has adopted a report on the implementation of the right of access by controllers . The report summarises the outcome of a series of coordinated national actions carried out in 2024 under the Coordinated Enforcement Framework (CEF). It lists the issues that were observed for some controllers, along with a series of recommendations to help them implement the right of access. A central element is controllers’ awareness of the EDPB Guidelines 01/2022 on data subjects rights – Right of access and whether these guidelines were followed in practice. EDPB Deputy Chair Zdravko Vukíc said: “The CEF is a valuable initiative that helps strengthen the cooperation among Data Protection Authorities (DPAs): by tackling selected topics in a coordinated fashion, they achieve greater efficiency and more consistency. How controllers implement the right of access lies at the heart of data protection and it is one of the most frequently exercised data subject rights.” Throughout 2024, 30 DPAs across Europe launched coordinated investigations into the compliance of controllers with the right of access, by opening formal investigations, assessing whether a formal investigation was warranted and/or carrying out fact-finding exercises.  A total of 1,185 controllers, consisting of small and medium-sized enterprises (SMEs) and big companies active in different industries and fields, as well as various types of public entities, responded to the action. Areas of improvement and main challenges The results suggest that more awareness raising about Guidelines 01/2022 is necessary , both at national and EU level, as the guidelines help controllers implement the right of access, explain how exercising this right can be made easier, and list the exceptions and limitations of the right to access. As a result of the 2024 CEF action, seven challenges were identified. One of them is the lack of documented internal procedures to handle access requests. In addition, inconsistent and excessive interpretations of the limits to the right of access were also observed, such as overly relying on certain exceptions to automatically refuse access requests. Another example is the barriers that individuals could encounter when exercising their right of access, such as  formal requirements or being requested to provide excessive identification documents. For each challenge identified, the report provides a list of non-binding recommendations to be taken into account by controllers and DPAs. Positive findings Despite the existing challenges, two thirds of participating DPAs evaluated the level of compliance of responding controllers with respect to the right of access from ‘average’ to ‘high’. One important factor identified as having an impact on the level of compliance was the volume of access requests received by controllers, as well as the size of the organisation. More specifically, large-sized controllers or controllers receiving more requests were more likely to reach a higher level of compliance than small organisations with less resources. Positive findings were observed across Europe. These include the implementation of best practices by controllers, such as user-friendly online forms enabling individuals to submit an access request easily as well as self-service systems to allow individuals to autonomously download their personal data in a few clicks and at any time. Background and next steps The CEF is a key action of the EDPB under its 2024-2027 Strategy, aimed at streamlining enforcement and cooperation among DPAs.  In the past three years, two previous CEF actions were carried out. The results of these national actions are aggregated and analysed together to generate deeper insight into the topic and allowing for targeted follow-up on both national and EU level. In 2023, the EDPB published the report on its first coordinated action on the use of cloud-based services by the public sector . In 2024, the EDPB also published the","titre":"CEF 2024: EDPB identifies challenges to the full implementation of the right of access","pubDate":"Mon, 20 Jan 2025 15:49:16 +0100","id":1857297,"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/cef-2024-edpb-identifies-challenges-full-implementation-right-access_en"}]