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Federal Trade Commission Chairman Edith Ramirez is blowing the whistle on companies swimming in the big-data sea.

In an Aug. 19, 2013 address to the Technology Policy Institute Aspen Forum, FTC Chairman Edith Ramirez suggested that the FTC should employ its authority to regulate the evolution of Big Data in the interest of consumer privacy “to ensure that these advances [in data collection and use] are accomplished by sufficiently rigorous privacy safeguards.”

Ramirez likened her role to that of lifeguard: “Like a vigilant lifeguard, the FTC’s job is not to spoil anyone’s fun but to make sure that no one gets hurt. With big data, the FTC’s job is to get out of the way of innovation while making sure that consumer privacy is respected.” The rest of her speech, however, suggested not recommendations of best practices or industry guidance, but what could be interpreted as mandates for industry. She also opined that consumers are in fact harmed when companies gather more data than they need and do not give consumer’s meaningful choice prior to collection and at the point of collection. Proving actual harm is a requirement of the FTC’s unfairness authority.

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