Court Hands FTC Grounds to Curb Data Broker Sales

Speaking at the FTC’s PrivacyCon event earlier this month, the commissioners praised the Idaho federal court’s determination that the FTC could pursue its case against mobile data broker Kochava as “a watershed” decision. They also emphasized trends common to the agency’s 2024 settlements with data brokers Avast, InMarket and X-Mode, including its treatment of “location and browsing data as sensitive. Full stop.” This article discusses the commissioners’ PrivacyCon statements and views on enforcement trends, which were not widely reported, and examines the key implications of the three settlements and the Kochava decision. See “Will California’s New Law Aimed at Data Brokers Require a ‘Delete Me’ Button on All Websites?” (Oct. 4, 2023).

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