For example, where the government seeks access to personal information on an individual held by a third-party the individual's ability to intervene and exercise control may demand that they receive notice of the request for access. Similarly, in the context of medical treatment, providing individuals with the ability to exercise meaningful control over the flow of personal may require procedures that protect the individual during this moment of vulnerability from rapacious information demands. These settings should be addressed with solutions that assist individuals, or those acting in their stead, to control personal information. The implementation of individual empowerment technologies that allow individuals to exercise control over information in a simple, effective manner are a means of implementing the core notice and consent requirements of the EU Directive. Through the development of a standard format for expressing information practices and a method for exchanging individual privacy preferences and entities information practices, individual empowerment solutions would assist entities operating on the Internet to meet the notice and consent provisions of the EU Directive in a nearly seamless fashion.
Solutions are meaningless unless they are effective.
Enforcement is a crucial part of any privacy solution. Under a P3 approach we believe the FTC would have an effective method of enforcing privacy policy on the Internet. Once an entity puts forth a privacy policy or agrees to adhere to an individual's preferences, any deviation or breach of the terms set out could be actionable as a deceptive and unfair practice. We believe the FTC has full jurisdiction to ensure that entities operate fairly on the Internet and conform to their stated information practice policies.