You Didn't Even Notice! Elements of Effective Online Privacy Policies

3. Symbolic Visual Cues The FDA endorses the use of symbolic cues on OTC labels as means of conveying (255) For example, the FDA affirms that bullet points could be used to introduce chunks of information without distracting or confusing consumers. (256) By separating drug facts into discrete chunks, bullets on OTC drug labels convey key information without overwhelming consumers. (257) An FDA guidance document explains how bullets may be used on drug labels. (258) The guidance document states that drug labels should list separate statements under bullets, rather than consolidating the statements into longer paragraphs. (259) For example, instead of presenting user directions in large block of text, the guidance document states that phrases such as shake well and children under 2 years: ask doctor may be positioned under bullets in an easier to read format. (260) The FDA permits, but does not require, OTC drug manufacturers to communicate drug information through pictograms. (261) The FDA defines pictogram as a pictorial representation of some object used to symbolize information. (262) The FDA also provides for the use of pictograms outside of the OTC drug context. (263) For instance, the Administration requires that powdered infant formula manufacturers display pictures to represent the three-step process involved in safely preparing and using the product. (264) It determined that pictures, rather than words, would enhance the clarity of the preparation instructions. (265) The FDA further recognized that many caregivers and health professionals might not be able to speak or read English. (266) Showing the product directions via images would reach wider audience and help ensure that consumers could properly dilute the formula regardless of reading level. (267) C. FTC Enforcement Actions Like the FDA, the FTC exercises its administrative authority to regulate notice in the commercial domain. (268) FTC enforcement actions have shaped the contours of U.S. privacy law, and inform legal standards of notice in the present digital age. (269) While identifying the different categories of FTC Section 5 privacy actions, this Note relies on the typology of underlying privacy harms developed by the Fordham Law Center for Law and Information Policy (CLIP). (270) CLIP has categorized FTC actions according to the most frequently asserted privacy harms in FTC complaints (271) and classified FTC actions as relating to four distinct privacy harms: (1) of personal information, discussed in Part II.C.1; (272) (2) surreptitious collection of personal information, discussed in Part II.C.2; (273) (3) failure to secure personal information, discussed in Part II.C.3; (274) and (4) unlawful retention of personal information, discussed in Part II.C.4. (275) 1. Unauthorized Disclosure of Personal Information Under the unauthorized disclosure class of FTC actions, websites disclose users' personal information to third parties without first notifying users or obtaining their consent. (276) An occurs either when consumer is not notified that his or her data is shared with third party, or when consumer is misled about how or for what purposes his or her data is collected. (277) The FTC Complaint for In re GeoCities, demonstrates the privacy harms that may result from disclosures. (278) In this action, the FTC determined that GeoCities committed deceptive practice because it misrepresented its data collection and sharing practices to consumers. (279) GeoCities hosted different web pages that provided its members with personal home pages, email addresses, and online children's clubs. (280) The GeoCities membership form collected mandatory information, including first and last name, zip code, e-mail address, gender, date of birth, and optional information, such as education level, income, marital status, occupation, and interests. …