How to Craft Plain Language Privacy Notices and What Constitutes "Material Change"
This post was written by Christopher G. Cwalina.
Privacy policies have been reviled for their incomprehensibility; regulators are calling for clearer disclosures, and, increasingly, statutes require that privacy notices be written in plain language. In this program, our seasoned panelists—including a plain-language expert—will use real-world examples to help you craft a clear and consumer-friendly privacy notice that also satisfies legal requirements. Find out how to turn legalese into easy reading using common words; short, declarative sentences, and an emphasis on action and choice.
In addition, the FTC has said that under well-settled case law and policy, companies must provide prominent disclosures and obtain opt-in consent before using consumer data in a materially different manner than claimed when the data was collected, posted, or otherwise obtained. What constitutes using data in a materially different manner than originally claimed can be difficult to ascertain. Companies are regularly and on an ongoing basis developing new products and services involving new data uses. The line between an existing and already disclosed use of data and the start of a materially different use that needs to be independently disclosed is not always clear and privacy professionals are left to make this decision. Hear directly from an Assistant Director from the FTC's Division of Privacy and Identity Protection on this point.
