On April 20, EPIC, the Center for Digital Democracy, and the US Public Interest Research Group filed a complaint with the Federal Trade Commission, urging the Commission to open an investigation into Google’s data retention policies, specifically in light of its recent proposed acquisition of DoubleClick. The complaint called on the Commission to force Google to comply with internationally recognized privacy guidelines such as the Organization for Economic Co-operation and Development (OECD) Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, which recognized that “the right of individuals to access and challenge personal data is generally regarded as perhaps the most important privacy protection safeguard.”

In its letter to the FTC, the Consumer Protection Board stated, “[t]he combination of DoubleClick’s Internet surfing history generated through consumers’ pattern of clicking on specific advertisements, coupled with Google’s database of consumers’ past searches, will result in the creation of “super-profiles,” which will make up the world’s single largest repository of both personally and non-personally identifiable information.” The Board expressed concern that these profiles expose consumers to the risk of disclosure of their data to third parties, as well as public disclosure as evidence in litigation or through data breaches.

The Consumer Protection Board urged the FTC to halt the merger until it has fully investigated Google’s planned use of DoubleClick’s data post-merger. The Board further urged the FTC to require Google to establish and publicly disclose a “clear and conspicuous” data collection policy providing for strict data security, consumer access to personally identifiable information, the ability to edit or delete such data, an opt-out mechanism for exclusion from Google’s database, and remedies in the event of a data breach or failure to comply with an opt-out request. The Consumer Protection Board is encouraging New York State consumers to voice their concerns regarding the Google/DoubleClick merger and its potential impact on their privacy to the FTC. It has provided a sample consumer letter to the FTC on its website to facilitate this process.

“Technology is advancing at a pace never before seen,” the Board stated, “and although there are many benefits, government should act to ensure that the public’s fundamental right to privacy is not abridged.”.