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FTC Recommends Conditions For Sale of RadioShack Customer Data

Posted by samzenpus on from the rules-of-the-game dept.

itwbennett writes: The FTC has weighed in on the contentious issue of the proposed sale of consumer data by RadioShack, recommending that a settlement with failed online toy retailer Toysmart.com be adopted as a model for dealings going forward. Director of the FTC's bureau of consumer protection Jessica L. Rich wrote in a letter to a court-appointed consumer privacy ombudsman that the agency's concerns about the transfer of customer information inconsistent with RadioShack's privacy promises "would be greatly diminished if certain conditions were met." These include: that the data was not sold standalone, and if the buyer is in the same lines of business, they agree to be bound by the same privacy policies.

7 of 54 comments (clear)

  1. What is the point by thaylin · · Score: 2

    Of requiring the buyer to commit to the same privacy policy if you allow that privacy policy to be broken?

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    When you cant win, ad hominem.
  2. Joy! by Ol+Olsoc · · Score: 4, Insightful
    Finally, proof that we are the product.

    But if we are the product, can we sue for our share of the payout?

    Since only coprorations are now people and people are not people, we'll all have to form little corporations of course, in order ot get our due.

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    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    1. Re:Joy! by DRJlaw · · Score: 2

      Finally, proof that we are the product.
      But if we are the product, can we sue for our share of the payout?

      From the FTC's perspective, you're not the product, but your information is a business asset.

      Your information would already go along with the business in any change of control or merger -- the privacy policy did not preclude that. And yes, your information has value in that context, just like any customer list, but you do not have any claim upon that value. You gave the business the right to use it in its business.

      The FTC's perspective is that your information should not have independent value from the business as a separable asset. They're seeking to substantially enforce the promise in the privacy policy -- that the asset is tied to the business and its operations, and not freely alienable to anyone willing to pay for it.

      Since only coprorations are now people and people are not people, we'll all have to form little corporations of course, in order ot get our due.

      Forming a corporation won't save you from the consequences of your negotiating skills (or lack thereof).

  3. Why I never gave them my real information by grimmjeeper · · Score: 4, Interesting

    I knew that my information would get out eventually. In the last 15 years I would only go in to buy specific things (none in the last 5+ years). Every time I would pay cash and give the clerk false information. I'm so very glad I did.

  4. Oh Great! by Kevoco · · Score: 2

    Now everyone's going to know that I by "loose capacitors", ahem!

  5. All those batteries.... by jddj · · Score: 2, Funny

    ...all those Goddamned batteries...

  6. oops by sootman · · Score: 3, Funny

    I hope there's not really a John Q. Public living at 1 Happy Street*, Beverly Hills, 90210. If so... apologies in advance, mate.

    * From My Blue Heaven

    "What the frig is the address here?"

    "How should I know... Number One Happy Street!"

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