Unfairness & Deception

Enforcing Privacy Promises: Section 5 of the FTC Act

A key part of the Commission's privacy program is making sure companies keep the promises they make to consumers about privacy, including the precautions they take to secure consumers' personal information. To respond to consumers' concerns about privacy, many Web sites post privacy policies that describe how consumers’ personal information is collected, used, shared, and secured. Indeed, almost all the top 100 commercial sites now post privacy policies. Using its authority under Section 5 of the FTC Act, which prohibits unfair or deceptive practices, the Commission has brought a number of cases to enforce the promises in privacy statements, including promises about the security of consumers’ personal information. The Commission has also used its unfairness authority to challenge information practices that cause substantial consumer injury. To see the Commission’s Section 5 privacy cases, click here.

The Commission also examines and reports on privacy issues. Learn more about these issues and the Commission’s work by reading our Reports & Testimony, reviewing information about our Workshops, and by looking through our Press Room. Educating consumers and businesses about the importance of information privacy is also a central part of the Commission’s mission -- click here to see our publications.

Laws & Rules

Federal Trade Commission Act
15 U.S.C. §§ 41-58, as amended.
Section 5 of the FTC Act prohibits unfair or deceptive acts or practices in the marketplace.