Under Chair Lina Khan, the Federal Trade Commission has announced an aggressive privacy agenda, which is unfolding on the enforcement, regulatory, and policy fronts. In recent enforcement actions, the FTC has sought stringent remedies, including data deletion, bans on conduct, notices to consumers, stricter consent requirements, individual liability, and significant monetary relief based on a range of creative theories. The FTC has also announced that it intends to launch a rulemaking to limit “surveillance advertising.” The FTC has also issued two rounds of guidance on its Health Breach Notification Rule — which has never been the subject of an FTC enforcement action and is the subject of an open rulemaking proceeding.
To help make sense of these developments — and understand their practical impact — Aaron Burstein, Jessica Rich, and Jayson Lewis took a deep look at these key recent developments and put them in the context of the FTC’s recent challenges and setbacks.
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