FTC Announces Regulatory Priorities For Both Privacy And Competition

On December 10th, the Federal Trade Commission (FTC) published a Statement of Regulatory Priorities that announced the agency's intent to initiate rulemakings on issues such as privacy, security, algorithmic decision-making, and unfair methods of competition. The statement also addressed ongoing reviews on a myriad of topics, including the FTC's review of the COPPA Rule, the Negative Option Rule, and the Endorsement Guides.  Several key topics covered in the Statement are discussed below:

• Privacy, security, and unlawful discrimination. The FTC stated that it is considering an additional rulemaking to address "abuses stemming from surveillance-based business models."  Specifically, the FTC 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."  On Friday, the FTC also published a notice with