FC: EPIC sues FTC to release privacy enforcement documents

[Declan McCullagh <declan () well com>]

[This is a problem for those who, like EPIC, advocate greater regulation of
companies. Regulators don't always do what advocates want. In fact, the
existence of the FTC as an ostensible "privacy protecting" agency might
well give folks a false sense of privacy online. Better to trust technology
and market incentives to protect your privacy -- instead of bureaucrats.
--DBM]

*******

         EPIC SUES TRADE COMMISSION FOR PRIVACY COMPLAINTS;
          SEEKS TO REVIEW FTC RESPONSIVENESS TO CONSUMERS

WASHINGTON, DC - The Electronic Privacy Information Center (EPIC)
filed suit today in the United States District Court here seeking the
disclosure of records about privacy complaints received by the
Federal Trade Commission.  It is EPIC's contention that the consumer
protection agency has failed to take action on the many privacy
complaints that the agency has received from consumers.

EPIC Director Marc Rotenberg said, "In order to evaluate the
effective of the current privacy system in the United States, it is
critical to look at how the FTC responds to complaints from the
public.  If the FTC has no effective means to handle these complaints
or to respond to public concerns, then more aggressive steps should
be taken."

EPIC filed the initial information request on June 10, 1999.  In a
letter to the Commission, EPIC requested "copies of all records
concerning the FTC's investigation of privacy complaints."  The
request included letters, electronic mail, web submissions, fax
transmissions, and formal complaints.  EPIC told the Commission it
was interested in "records regarding alleged privacy violations by a
specific company or organization and requests for general assistance
in a privacy matter, whether or not a specific company or
organization is indicated."

At a Senate hearing in July, Mr. Rotenberg criticized a report from
the FTC on Internet privacy, saying that it failed to provide any
actual information about consumer privacy complaints or the
effectiveness of industry programs to protect privacy.  He noted that
EPIC had filed a Freedom of Information Act (FOIA) request regarding
the handling of complaints and said that information would be
provided to the Senate Committee once a response from the FTC was
received.

Today's lawsuit was filed under the FOIA, which requires federal
agencies to comply with requests for disclosure of records within
twenty working days.  A provision in the Act allows agencies to
withhold information about specific individuals if it is necessary to
protect their privacy.

The text of EPIC's lawsuit is available at:

     http://www.epic.org/privacy/internet/ftc_foia_comp.pdf

The text of EPIC's Congressional testimony on Consumer Privacy and
the FTC Report is available at:

     http://www.epic.org/privacy/internet/EPIC_testimony_799.pdf

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