An overview of Section 5 of the FTC Act

Consumer privacy has been compromised by unfair data-gathering methods and spying, and this constant and unwanted observation causes consumers significant harm. This paper makes the case that the FTC ought to use its Section 5 unfairness authority to create a data minimization rule that would forbid all secondary data uses with a few exceptions, ensuring that people can use apps and online services without fear of being tracked without taking additional precautions. A right to opt out of secondary data use, including worldwide opt-out controls and databases, is also mandated. The FTC is allowed to decide whether to restrict certain secondary data uses, such as behavioral advertising or the use of sensitive data.

The FTC should also adopt data security requirements, access, portability, correction, and deletion rights, as well as obligations for data transparency for initial data use and civil rights protections over discriminatory data processing...