Reed Freeman, Chelsea Reckell

On December 10, 2021, the Federal Trade Commission (“FTC”) published its Statement of Regulatory Priorities, which included an overview of its areas of focus for 2022. In the statement, the FTC announced that it is considering whether to initiate a rulemaking under Section 18 of the FTC Act to “curb lax [data] security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.”
The statement noted that “abuses” associated with “surveillance-based” business models are among the most “alarming” issues facing consumers.  It added that surveillance-based business models may threaten competition. The potential rulemaking is in a “pre-rule” stage and lists February 2022 as a potential timetable for the publication of an Advanced Notice of Proposed Rulemaking. This session examines the likely contents of this potentially pathbreaking rule– and what is likely to be left out.  The session will also consider the implications for companies for this FTC action and discuss steps in preparation that companies should consider now.

Reed Freeman, Partner, Venable
Chelsea Reckell, Associate, Venable


Chelsea Reckell

Privacy Law Group

Reed Freeman