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Legal developments in data, privacy, cybersecurity, and other emerging technology issues
On August 11th, the Federal Trade Commission kicked off of its long-awaited privacy rulemaking by releasing an Advanced Notice of Proposed Rulemaking (ANPR). The ANPR is the beginning of what likely will be a lengthy process conducted pursuant to the FTC’s Magnuson-Moss rulemaking authority. The ANPR is extremely broad, raising 95 questions directed at nearly every type of data collection. Notably, in promulgating a rule, the FTC must demonstrate that each practice regulated is either deceptive or unfair and is prevalent in the market.
In the face of a bipartisan privacy bill being debated in Congress, it is not clear exactly where this rulemaking process will end up. The ANPR is the first step of a process that will require the FTC to:
- review comments received concerning the ANPR (comments are due within 60 days after the ANPR is published in the Federal Register);
- submit notice of a proposed rulemaking and request comments;
- undertake hearings; and
- submit a final rule.
In the meantime, a virtual workshop publicly discussing the rulemaking is scheduled for September 8th.
Partner|Steve Wernikoff is a litigation and compliance partner who co-leads the Data, Privacy, and Cybersecurity practice and the Autonomous Vehicle group. As a previous senior enforcement attorney at the Federal Trade Commission's ...