ISPLA Meets with the Federal Trade Commission

ISPLA’s Chairman Peter Psarouthakis and Bruce Hulme, Director of Government Affairs, were joined by ISPLA Executive Committee members, Nicole Bocra, Al Cavasin, Jim Carino and Jim Olsen at a conference recently held with Federal Trade Commission representatives of the Division of Privacy and Identification Protection.

The FTC was presented with industry position statements concerning several bills pending in Congress, which. if passed, will severely curtail our profession’s access to database information which we routinely rely upon during the course of our handling investigations. Also provided to the FTC was a 2007 “white” paper previously submitted by ISPLA Legislative Director Bruce Hulme. That paper had been prepared in connection with the President’s Identity Theft Task Force recommendations in 2008.

ISPLA was also asked to consider participating in December at an upcoming FTC roundtable discussion to explore the privacy challenges posed by the vast array of 21st century technology and business practices that collect and use consumer data. Such practices include social networking, cloud computing, online behavioral advertising, mobile marketing, and the collection and use of information by retailers, data brokers, third-party applications, and other diverse businesses. We were advised that the goal of this forum is to determine how best to protect consumer privacy while supporting beneficial uses of the information and technological innovation.

The roundtable discussions will consider the risks and benefits of information collection and use in online and offline contexts, consumer expectations surrounding various information management practices, and the adequacy of existing legal and self-regulatory regimes to address privacy interests. Roundtable participants will include stakeholders representing a wide range of views and experiences, such as academics, privacy experts, consumer advocates, industry participants and associations, technology experts, legislators, international representatives, and others.

The FTC was advised of our concerns with HR 3126, the Consumer Financial Protection Agency Act, which would establish a new agency to regulate the manner in which the financial services industry deals with consumers. They were aware that it contained a provision that would transfer jurisdiction from the Federal Trade Commission to the proposed new Consumer Financial Protection Agency. ISPLA, working with other professional associations, has expressed hope that non-financial businesses won’t fall under CFPA jurisdiction. ISPLA had previously held a meeting with Representative Barney Frank, the bill’s sponsor, and conveyed our preference that issues affecting private investigators who may be compiling consumer investigative reports remain under the jurisdiction of the FTC. It is our hope that any new draft of Congressman Frank’s bill will allow for our concerns.

For information about Investigative & Security Professionals for Legislative Action please go to: www.ISPLA.org