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Financial Services Law Insights and Observations

FTC seeks feedback on commercial surveillance and data security rulemaking

Agency Rule-Making & Guidance Federal Issues Privacy, Cyber Risk & Data Security FTC Federal Register

On August 11, the FTC announced that it issued an advanced notice of proposed rulemaking (ANPR) on a wide range of concerns about commercial surveillance practices. According to the FTC, it is exploring “rules to crack down on harmful commercial surveillance and lax data security.” The FTC described that commercial surveillance is the business of collecting, analyzing, and profiting from information about individuals. The FTC also noted that “[m]ass surveillance has increased the risks and stakes of data breaches, deception, manipulation, and other abuses.” The ANPR solicits public comment regarding “the harms stemming from commercial surveillance and whether new rules are needed to protect people’s privacy and information.” The ANPR also noted that there is increasing evidence that some surveillance-based services may be addictive to children and lead to a wide variety of mental health and social harms. The FTC also released a Fact Sheet on the FTC’s Commercial Surveillance and Data Security Rulemaking and a Fact Sheet on Public Participation in the Section 18 Rulemaking Process. Comments are due 60 days after publication in the Federal Register.

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