Under Chair Lina Khan, the Federal Trade Commission has
announced an aggressive privacy agenda, which is unfolding on the
enforcement, regulatory, and policy fronts. In recent enforcement
actions, the FTC has sought stringent remedies, including data
deletion, bans on conduct, notices to consumers, stricter consent
requirements, individual liability, and significant monetary relief
based on a range of creative theories. The FTC has also announced
that it intends to launch a rulemaking to limit "surveillance
advertising." The FTC has also issued two rounds of guidance
on its Health Breach Notification Rule -- which has never been the
subject of an FTC enforcement action and is the subject of an open
rulemaking proceeding.