Of course, everything written in the privacy policy itself can be used to make an argument before the courts.
Still, sentences such as “we care about your privacy” don’t hold much water (which is not the same thing is not holding water at all). The fact that such sentences are often used at the beginning of the privacy policies make them act like a preamble and it can be reasonably argued that they are important in spirit. But when the letter of the policy will later in the text contradict the spirit of sentences such as "we care about your priacy" what do you think is going to happen really? This is why I would much rather focus on the concrete provisions on ToSDR and not focus much on broad and possibly empty promises such as "we care about your privacy." ↪ 2014-06-13 Fri 19:10, Hannah Poteat <[email protected]>: > This has been made very clear in the recent *FTC v. Wyndham Hotels* decision, > where Wyndham's privacy policy promised that it cared a lot about its > guests' privacy, and used "industry standard practices" to secure personal > information, and made all reasonable efforts to protect privacy, etc etc. > But they had unpatched systems, systems with default admin passwords, and > all kinds of terrible security practices, so over the course of two years > they were hacked three times (but still left their systems unpatched). The > FTC went after them for unfair and deceptive business practices, saying, > look, if you've *promised* that you use industry standard practices to > protect personal information, and you're clearly not using industry > standard practices or taking reasonable efforts to protect your systems > from intrusion, then your promise is deceptive. You can't just lie. It seems clear to me that the important part here clearly is "industry standard practices" not "Wyndham cares about your privacy". Thanks for your contribution Hannah, -- Hugo Roy, Free Software Foundation Europe, <www.fsfe.org> Deputy Coordinator, FSFE Legal Team, <www.fsfe.org/legal> Coordinator, FSFE French Team, <www.fsfe.org/fr> Get our monthly newsletter, sign up! <https://l.fsfe.org/nl>
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