June 25, 2022

Volume XII, Number 176

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Privacy Continues to be Top of Mind Issue With President Biden’s State of the Union Address and Movement on FTC Nominee Today

Data privacy is going to continue to be a top of mind issue going into Q2 2022, as seen by developments this week.  Specifically, President Biden’s State of the Union address explicitly referenced concerns related to children’s privacy.  Additionally today the Senate Commerce Committee voted 14-14, along party lines, to advance Federal Trade Commission nominee Alvaro Bedoya.

According to the White House press release ahead of President Biden’s State of the Union address, President Biden’s administrative agenda for the year will focus on mental health, particularly of children and disadvantaged populations.  The press release explained that President Biden intended to call for the banning of excessive data collection of children and a prohibition on discriminatory algorithmic decision-making that “limits opportunities for young Americans.”  Consistent with these broader themes, President Biden’s State of the Union Address on Tuesday explicitly referenced children’s privacy.  President Biden commented that “[i]t’s time to strengthen privacy protections, ban targeted advertising to children, [and] demand tech companies stop collecting personal data on our children.”  He additionally stated that social media platforms needed to be held accountable for “the national experiment they’re conducting on our children for profit.”

President Biden had previously nominated Alvaro 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.  The 14-14 tie vote on Bedoya sets up a complicated path for confirmation on the Senate floor, which will play out in the coming weeks.

© Copyright 2022 Squire Patton Boggs (US) LLPNational Law Review, Volume XII, Number 63
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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...

216-479-8070
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...

212-872-9863
Elizabeth A. Spencer Berthiaume Attorney Cybersecurity Squire Patton Boggs Dallas
Associate

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.

214-758-3448
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