Upcoming webinar on recent FTC privacy developments and predictions for 2022
| 3 min
This webinar will feature Kelley Drye’s Aaron Burstein, a former FTC official. Here’s a taste of what he’ll be discussing, building on the commentary posted in this blog over the past few months:
All eyes are on the FTC this year, given its recent actions, setbacks, and ambitious plans for 2022.
As we’ve reported here, Chair Lina Khan has announced an aggressive privacy agenda, that includes new regulations; emphasis on the large platforms and other “gatekeepers” in the marketplace; stringent enforcement remedies (such as data deletion, bans on conduct, strict consent requirements, and individual liability); and significant monetary relief based on a range of creative theories.
Khan has already taken steps in this direction, including by issuing a policy statement and guidance reinterpreting the Health Breach Notification Rule; announcing a ramp-up against subscription services that use “dark patterns” to trick consumers into signing up; tightening requirements under the Gramm-Leach Bliley Safeguards Rule; and making strong demands in consent negotiations. In addition, she has announced plans to initiate privacy rulemakings under the FTC’s so-called “Magnuson-Moss” authority, including a rulemaking to limit “surveillance” in the commercial marketplace.
All of this takes place against the backdrop of recent setbacks and ongoing challenges faced by the agency. Last year, the Supreme Court’s ruled in AMG that the FTC cannot obtain monetary relief under Section 13(b) of the FTC Act, it’s chief law enforcement tool. For years, Congress has declined to pass a federal privacy law to strengthen the FTC’s authority in this area. The FTC has limited resources to fulfill its broad mission. And it cannot obtain civil penalties for most first-time law violations.