Privacy Update: Formulating Privacy Policies and Practices for Compliance with the FTC's Final Report and Guidelines

Jeffrey Edelstein, a partner at Manatt, Phelps & Phillips, LLP, provides an overview of privacy, recent developments, and enforcement activity, including most notably the FTC’s final report on privacy, areas of potential privacy enforcement, and practical pointers for companies trying to apply the FTC’s privacy framework. Topics include:

• Privacy Overview
• Recent Developments and Enforcement Activity
• White House Proposal / Consumer Privacy Bill of Rights
• Proposed Legislation
• Do Not Track (existing mechanisms)
•  Enforcement Actions: Google and Facebook
• The FTC’s Report: Protecting Consumer Privacy in an Era of Rapid Change (March 2012)
•  FTC’s Privacy Framework and Guidelines
• Scope
• Privacy by Design
• Simplified Consumer Choice
• When should companies require consumer choice (opt-ins)
• Transparency
• Areas Ripe for Enforcement
• Mobile (e.g., appropriate disclosures; safeguarding data against cell phone theft)
• Large Platform Providers
• Practical Pointers for Applying the FTC’s Privacy Framework
• Tips for creating effective data management procedures
• When should companies require opt-ins?
• Transparency: Clarity, Education and Access to Data, including special considerations for data brokers and teens
• Employers’ use of employees’ Facebook data

Presenter: 
Jeffrey S. Edelstein, Esq. is a partner in the law firm of Manatt, Phelps & Phillips, LLP, based in its New York City office. Mr. Edelstein is recognized as one of the leading advertising and marketing lawyers in the country and he has achieved numerous successes on behalf of companies involved in false advertising challenges before the National Advertising Division and the National Advertising Review Board of the Council of Better Business Bureaus. His practice also includes reviewing advertising, drafting advertising and marketing contracts, and representing clients before the NAD and other regulatory bodies in false advertising cases. Named as a top-ranked attorney in Chambers USA, 2008-2010; The Best Lawyers in America, 2007-2011; New York Magazine, New York Area’s Top Attorneys, 2007-2011; New York Super Lawyers, 2006-2009; and a leading lawyer for Marketing and Advertising: Litigation and Transactions, The Legal 500, 2009, Mr. Edelstein regularly lectures and writes on advertising and marketing law topics.

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