FTC Fair Information Practice - Criticism of The FTC Principles

Criticism of The FTC Principles

The FIPs are criticized by some scholars for being less comprehensive in scope than privacy regimes in other countries, in particular in European Union and other OECD countries. Additionally, the FTC's formulation of the principles has been criticized in comparison to those issued by other agencies. The FTC's 2000 version of FIPs is shorter and less complete than the privacy protection principles issued by the Privacy Office of the Department of Homeland Security in 2008, which include eight principles closely aligned with the OECD principles.

Some in the privacy community criticize the FIPs for being too weak, allowing too many exemptions, failing to require a privacy agency, failing to account for the weaknesses of self-regulation, and not keeping pace with information technology. Many privacy experts have called for omnibus privacy protection legislation in the US in lieu of the current blend of self-regulation and selective codification in certain sectors.

Critics from a business perspective often prefer to limit FIPs to reduced elements of notice, consent, and accountability. They complain that other elements are unworkable, expensive, or inconsistent with openness or free speech principles.