For years the U.S. Federal Trade Commission (FTC) banged the “privacy-by-design” drum – telling developers to build privacy into their apps and services – and avoided “gotcha” cases. But its latest action against Nomi Technologies (Nomi) suggests a change of heart.
Nomi embraced privacy-by-design. It built an in-store tracking technology with a universal opt-out for customers – an online opt-out used by hundreds of consumers. And Nomi avoided collecting any personal information about customers, recording only the MAC address of a device and immediately hashing the address so devices couldn’t be identified outside of Nomi’s system. This is the kind of “privacy-by-design” the FTC has been counseling companies to adopt since 2012.