Episode 33 — FTC Authority: Section 5 and Consumer Protection in Privacy

The Federal Trade Commission is often described as the nation’s top privacy cop. This episode dives into Section 5 of the FTC Act, which prohibits unfair and deceptive acts or practices. We’ll examine how the FTC uses this authority to address privacy and data security, even without specific statutes. Notable cases have established expectations for transparency in privacy notices, promises about data handling, and reasonable safeguards against breaches.

We also explore the FTC’s limitations, including jurisdictional boundaries and its reliance on consent orders rather than broad rulemaking. For the exam, expect questions that test your ability to identify when the FTC has authority and how Section 5 applies to privacy enforcement. Produced by BareMetalCyber.com