FTC’s Wilson Says COVID Highlights Why Privacy Regulation Lacking
COVID-19 highlights the need for federal baseline privacy legislation, which companies could have used to give consumers clarity about how data is used during the pandemic, FTC Commissioner Christine Wilson told the Brookings Institution Wednesday. The demand for privacy legislation has never been greater, she said.
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Wilson argued that businesses need to bear some, if not much, of the burden to disclose how they share data. She outlined what she sees as a major privacy issue: The sharing of information with third parties, and how the further data gets away from the source, there is less accountability for protecting it.
Wilson called artificial intelligence a “new frontier,” noting the agency’s report about potential risks of unfair and discriminatory outcomes brought on by AI. The FTC needs to be sure these new forms of technology don’t discriminate, she said.
Companies should open their application programming interfaces for technology like AI and facial recognition, said Microsoft Chief Privacy Officer Julie Brill. Industry needs to ask whether AI tools will harm certain communities and if they are inclusive of all populations, Brill said.
The FTC’s authority is limited by antiquated privacy statutes, said Public Knowledge CEO Chris Lewis. He agreed with Wilson that COVID-19 provided an opportunity for policymakers to better understand what authorities and protections are needed. He urged a higher level of standards for data brokers. Brill suggested the FTC create a portal for data brokers to register, letting people know what data is out there and how users are profiled.
Lewis called for a reevaluation of federal preemption, which has been a sticking point in the privacy debate. By preempting state law, innovation is lost at the state level, he said: “We don’t want to lose the opportunity to improve laws at the federal level by passing state protections.”
Wilson cited remarks from Privacy and Civil Liberties Oversight Board member Travis LeBlanc to acting Homeland Security Secretary Chad Wolf. Wilson said the pandemic shouldn’t be viewed as a hall pass to run roughshod over privacy and civil liberties. She urged Congress to act and provide clarity on privacy, while noting the Senate’s debate over warrantless searches of browser history (see 2005130056). Other issues that need clarity are GPS, health and location data, she said.