A recent report from a U.S. law firm concludes that the United States offers essentially equivalent privacy protection to Europe. The report also finds that "This body of laws ensures that government access to data for law-enforcement and intelligence purposes is limited to what is necessary and proportionate." Of course, all travel records of Europeans are routinely transferred to the U.S. Department of Homeland Security without any legal protection. Under Section 702 of the Patriot Act, the US government routinely obtains vast amounts of personal data on non-US persons, including communications logs and website activity. Executive Order 12333 provides even broader surveillance authorities.
According to the recent survey of the Pew Research Center, Americans are cautious about disclosing personal data in commercial settings. They are also frequently unhappy with how companies use their data afterwards. For example, 55% of adults said it would be unacceptable for a "smart thermostat" to track their movements around their home in exchange for a discount on their energy bill. And a majority said it would not be acceptable for a car insurance company to monitor a driver's speed and location in exchange for safe driving discounts. EPIC had urged the Federal Trade Commission to investigate Google's acquisition of Nest and has a complaint pending before the FTC regarding "always on" devices.
EPIC and six consumer privacy organizations have filed a "friend-of-the-court" brief in support of the Federal Communications Commission in ACA International v. FCC. The case was brought against the FCC by industry groups charged with violating the Telephone Consumer Protection Act. The FCC had made clear that companies cannot make automated or prerecorded calls to consumers without their consent. EPIC argued in its brief that widespread adoption of cell phones "has amplified the nuisance and privacy invasion caused by unwanted calls and text messages." EPIC and the consumer organizations urged the federal court to uphold the FCC order safeguarding consumers.
