FTC ANPR Explores Wide Ranging Topics for Privacy and Cybersecurity Rulemaking

On Thursday, August 11, the Federal Trade Commission (“FTC”) announced that it is exploring rules to crack down on harmful commercial surveillance and lax data security practices.  The FTC’s Advance Notice of Proposed Rulemaking (“ANPR”) solicits public comment on whether it should put into effect new rules and restrictions concerning standards and requirements for information security, the ways in which companies collect and process data in commercial contexts, and whether any practices related to the transfer, sharing, selling, or other monetization of personal information should be categorized as unfair or deceptive.  The FTC voted 3-2 to publish the notice, with Chair Khan and Commissioners Slaughter and Bedoya voting in favor and issuing separate statements.  Commissioners Phillips and Wilson voted against publication and also issued separate dissenting statements.  The following Monday, Commissioner Phillips announced he would be leaving the FTC this fall.

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