Skip to main content
Menu Icon
Close

InfoBytes Blog

Financial Services Law Insights and Observations

FTC publishes 2022 regulatory priorities

Privacy/Cyber Risk & Data Security FTC Act UDAP Agency Rule-Making & Guidance

Privacy, Cyber Risk & Data Security

On December 10, the FTC published a statement disclosing its regulatory priorities for 2022. Among other things, the statement highlights; (i) newly initiated and upcoming periodic reviews of rules and guides; (ii) ongoing periodic reviews of rules and guides; (iii) proposed rules; and (iv) final actions. According to the Plan, the FTC “will consider developing both unfair methods-of-competition rulemakings as well as rulemakings to define with specificity unfair or deceptive acts or practices.” The FTC noted that there are many pressing issues consumers face in the modern economy, such as the “abuses stemming from surveillance-based business models,” which also threaten competition. “The Commission is considering whether rulemaking in this area would be effective in curbing lax security practices, limiting intrusive surveillance, and ensuring that algorithmic decision-making does not result in unlawful discrimination.” The Plan further explains that the FTC will “explore whether rules defining certain ‘unfair methods of competition’ prohibited by section 5 of the FTC Act would promote competition and provide greater clarity to the market.” According to the Dissenting Statement by FTC Commissioner Christine S. Wilson, though, the plan takes “a big step into uncharted waters” with this latter statement, given the breadth of potential rulemakings and lack of clarity on which areas the FTC would pursue. Wilson’s view is that many existing rules “should be abolished,” rather than issuing new rules.