For those of us who wonder how that Dream Vacation ad follows us from our initial Google® search on our PC to our subsequent iPad searches: the US Federal Trade Commission (FTC) Staff Cross-Device Tracking Report has some answers, as well as some advice.  Released on January 23, 2017, the Report gives insight into legal issues presented by cross-device tracking, which associates multiple devices with the same consumer, and so links a consumer’s online activity across her various devices (such as smartphones, tablets, personal computers, and other connected devices). The FTC Staff Report is available here: https://www.ftc.gov/system/files/documents/reports/cross-device-tracking-federal-trade-commission-staff-report-january-2017/ftc_cross-device_tracking_report_1-23-17.pdf.

The purpose of the Report is to put industry on notice of the FTC’s views regarding data tracking and disclosure practices which could be deemed unfair or deceptive to consumers. In addition to bringing cases and investigations, the FTC periodically issues reports on specific topics to give companies guidance on developing issues, such as privacy and data security, and on issues that companies should consider to avoid unfair or deceptive practices, which are unlawful under Section 5 of the FTC Act. In the FTC Staff’s view, this technology has many benefits, but also poses a danger to a consumer’s privacy interests.