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FTC Announces Proposed Rulemaking On Privacy and Data Security

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The FTC recently announced an ambitious Advance Notice of Proposed Rulemaking (ANPR) broadly aimed at a host of privacy and data security issues. This is the first step by the agency to explore using its Section 18 rulemaking authority under the FTC Act to issue a broad consumer privacy-focused trade regulation rule. The ANPR poses 95 questions and various topics, ranging from collection of information from children, to consent, data security, biometrics, artificial intelligence, and automated decision-making. The ANPR is focused on the impact to consumers and as workers or employees in a business capacity.

In its overview, the FTC points to the rise in privacy and security regulation at the international and state levels, suggesting a need for a more comprehensive approach at the federal level. The Agency also noted limitations in its own regulatory parameters, citing limits to its ability to issue remedies.

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