The FTC and the New Common Law of Privacy
Solove, D. J., & Hartzog, W. (2014). The FTC and the new common law of privacy. Columbia Law Review, 114(3), 583–676. Retrieved from https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=bth&AN=95640472&site=eds-live&scope=site&custid=s1229530
This article argues that the Federal Trade Commission's (FTC) privacy jurisprudence, which enforces companies' privacy policies through its authority to police unfair and deceptive trade practices, has become the most influential regulating force on information privacy in the United States. Despite being criticized as thin, a deeper examination of the principles that emerge from FTC privacy "common law" reveals that it is quite thick, with codified norms, best practices, and baseline privacy protections. The article contends that this "common law" could be developed into a robust privacy regulatory regime that extends far beyond privacy policies and involves a full suite of substantive rules.