May 22, 2022

Volume XII, Number 142


May 20, 2022

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BREAKING: FTC Nominee Bedoya Confirmed

In a follow up to our previous post “Privacy Continues to be Top of Mind Issue With President Biden’s State of the Union Address and Movement on FTC Nominee Today,” the Senate confirmed Alvaro Bedoya as a commissioner on the Federal Trade Commission which provides Democrats 3-2 control over the agency’s enforcement activities and objectives.  The Senate vote was a 50 Yeas/50 Nays split along party lines with Vice President Harris’ vote as the tiebreak.

President Biden had previously nominated Bedoya, a privacy scholar with interests in surveillance and data security, to fill Commissioner Chopra’s seat.  As Commissioner, likely priorities for Bedoya include the FTC’s enforcement of various privacy laws, including the Fair Credit Reporting Act and the Gramm-Leach-Bliley Act, which could further impact litigations brought under those statutes.

With a majority in hand and all commissioner seats filled, this may indicate a favorable time for Democrats to move forward with rulemaking, including in the realm of data privacy and cybersecurity.  As a reminder, earlier in the year Commissioner Wilson had indicated opposition to FTC action on data privacy, facial recognition and AI.  This was following the FTC’s December 2021 notice that it was “considering initiating a rulemaking under Section 18 of the FTC Act to curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.”

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume XII, Number 132

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...

Elizabeth A. Spencer Berthiaume Attorney Cybersecurity Squire Patton Boggs Dallas

Elizabeth Spencer Berthiaume is an associate in the Data Privacy, Cybersecurity & Digital Assets Practice. She focuses her practice on data privacy and protection, cybersecurity and data breach preparedness and response.