• FTC Notice of Penalty Offenses - Misuse of Confidential Information

    From Telecom Digest Moderator@digest-replies@telecom-digest.org to comp.dcom.telecom on Fri Aug 16 11:30:00 2024
    From Newsgroup: comp.dcom.telecom


    https://www.ftc.gov/system/files/ftc_gov/pdf/NPO-Misuse-Information-Collected-Confidential-Contexts.pdf

    (this is effectively the entirety of the message, minus footnotes)

    The Federal Trade Commission has determined that the following practices related to the misuse of information are deceptive or unfair and are
    unlawful under Section 5(a)(1) of the Federal Trade Commission Act.

    1. It is an unfair or deceptive trade practice to use information
    collected in a context where an individual reasonably expects that such information will remain confidential (rCLConfidential ContextrCY)1 for any purpose not explicitly requested by the individual unless the individual
    first provides affirmative express consent for such use. For example:

    a. It is an unfair or deceptive trade practice to use information
    collected in a Confidential Context to obtain a financial benefit that
    is separate from the benefit generated from providing the product or
    service requested by the individual unless the individual first provides
    affirmative express consent for such use.

    b. It is an unfair or deceptive trade practice to use information
    collected in a Confidential Context to advertise, sell, or promote
    products or services unless the individual first provides affirmative
    express consent for such use.

    2. It is an unfair or deceptive trade practice to make false,
    misleading, or deceptive representations or omissions concerning the use
    or confidentiality of information collected in a Confidential Context.

    For example, it is an unfair or deceptive trade practice to
    misrepresent, explicitly or by implication, that an individualrCOs
    information will:

    (i) be used solely to provide the specific product or
    service requested by the individual and not for any unanticipated uses;
    and

    (ii) not be used to obtain a financial benefit that is separate from
    the benefit generated from providing the product or service requested by
    the individual.


    --- Synchronet 3.21b-Linux NewsLink 1.2