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Privacy group sues FTC over records request

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The Electronic Privacy Information Center yesterday filed suit against the U.S. Federal Trade Commission to obtain records about the commission's investigations into privacy complaints.

EPIC, which claims the FTC has failed to take action on many privacy complaints from consumers, says it seeks the records in order to evaluate the effectiveness of the current privacy system in the U.S.

Washington's EPIC filed an initial request under the Freedom of Information Act (FOIA) in June seeking all letters, e-mail, Web submissions, faxes and formal complaints concerning the FTC's investigation of privacy complaints. EPIC's request sought details of all alleged privacy violations committed by specific companies or organizations, and any requests for general assistance even if a company or organization was not mentioned in the complaint.

The FTC subsequently told EPIC officials that the commission does not have a system for tracking privacy complaints, according to the lawsuit that was filed in federal district court in Washington. The suit says the commission has not replied to the FOIA request despite a legal requirement to do so within 20 business days.

"If the FTC has no effective means to handle these complaints or to respond to public concerns, then more aggressive steps should be taken," says Mark Rotenberg, director of EPIC in EPIC's electronic newsletter. Rotenberg did not return a call seeking further comment.

The FTC is working to comply with EPIC's original FOIA request, a spokeswoman for the FTC says. She also says that the FTC will not release any information that's part of an investigation and it will block out anything identifying the individuals involved.

EPIC, in Washington, can be reached at 202-544-9240 or at http://www.epic.org. The FTC is at http://www.ftc.gov/.

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