September 27, 2022

Volume XII, Number 270


September 26, 2022

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BREAKING: The FTC Issues Advanced Notice of Public Rulemaking for Privacy Regulations

Today, the Federal Trade Commission (“Commission”) issued an advanced notice of public rulemaking on commercial surveillance, seeking public comment on whether new rules are needed to protect people’s privacy and information.  The notice, which is broad and sweeping, seeks comment on dozens of questions, categorized into the following topics:

  • Harms to Consumers

  • Harms to Children

  • Costs and Benefits of any current practices

  • Rulemaking procedures and topics

  • Automated Systems, Decision-making, and AI

  • Discrimination

  • Notice, Transparency, and Disclosure

  • Remedies to be sought by the FTC

  • Obsolescence of rulemaking in view of technological development

The Commission’s solicitation kicks off an extensive rulemaking process which will likely take 2 years, at a minimum, before any regulations would be promulgated and become effective. The notice, which passed with a 3-2 vote, is not an immediate shift in the digital privacy landscape but a significant first step toward it—particularly in light of Congress’s continued struggle to come to agreement on the American Data Privacy and Protection Act.

The Commission is hosting a public forum on the rulemaking, to be held virtually on Thursday, September 8, 2022 from 2 p.m. to 7:30 p.m. ET.  Members of the public are invited to attend, or to submit a comment weighing in on the rulemaking, the general topics, or submit a specific question to the Commission.

SPB Partner Beth Goldstein also contributed to this update

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume XII, Number 223

About this Author

Kristin L. Bryan Litigation Attorney Squire Patton Boggs Cleveland, OH & New York, NY
Senior Associate

Kristin Bryan is a litigator experienced in the efficient resolution of contract, commercial and complex business disputes, including multidistrict litigation and putative class actions, in courts nationwide.

She has successfully represented Fortune 15 clients in high-stakes cases involving a wide range of subject matters.

As a natural extension of her experience litigating data privacy disputes, Kristin is also experienced in providing business-oriented privacy advice to a wide range of clients, with a particular focus on companies handling customers’ personal data. In this...

Kyle R. Fath Cybersecurity Attorney Squire Patton Boggs New York Los Angeles
Of Counsel

Kyle Fath is counsel in the Data Privacy & Cybersecurity Practice. He offers clients a unique blend of deep experience in counselling companies through compliance with data privacy laws, drafting and negotiating technology agreements, and advising on the privacy, IT, and IP implications of mergers & acquisitions and other corporate transactions. His practice has a particular focus on the the ingestion and sharing of data by way of strategic data transactions, data brokers, and vendor relationships, the implications of digital advertising (as companies look toward...

Marissa Black Litigation Attorney Squire Patton Boggs Cleveland, OH

Marissa Black is a results-oriented litigator representing clients in complex civil disputes. She has represented clients in federal and state courts throughout the US, at both the trial and appellate levels.

Before joining the firm, Marissa clerked for two years for the Honorable Dan Aaron Polster of the US District Court for the Northern District of Ohio. Before that, she was an associate at another Cleveland-based AmLaw 100 law firm.