FTC Commercial Surveillance and Data Security ANPR (16 CFR Part 437)
United States · 87 Fed. Reg. 51273
The FTC's advance notice of proposed rulemaking on 'commercial surveillance and data security' asked whether to write rules limiting how companies collect data, train AI models on consumers, and use automated decision-making. The proceeding is technically open but has not advanced to a notice of proposed rulemaking.
Technical detail
Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security, 87 Fed. Reg. 51273 (Aug. 22, 2022). Solicited comment on rules addressing automated decision-making systems, algorithmic discrimination, biometric data, dark patterns, and data minimization — would be codified at 16 C.F.R. Part 437 if finalized.
Who is protected: U.S. consumers, especially those subject to algorithmic and AI-driven commercial profiling
Who must comply: Would apply broadly to entities engaging in commercial surveillance subject to FTC jurisdiction
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Status | Proposed / pending |
| Protection strength | Proposed or pending |
| Enacted | 2022-08-22 |
| Citation | 87 Fed. Reg. 51273 |
| Enforced by | Federal Trade Commission |
| Private right of action | No — agency enforcement only |
| Penalties | Would carry FTC civil penalties if finalized |
| Topics | consumer data privacy · consumer protection · automated decision-making · biometric data |
| Last verified | 2026-06-17 |
| Official source | Trade Regulation Rule on Commercial Surveillance and Data Security — ANPR (87 FR 51273) ↗ |
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Related consumer data privacy rules elsewhere
- Vermont Data Broker Law (H.211) · Enacted (not yet in effect)
- House Bill 2512 — Banning surveillance pricing by rideshare · Proposed / pending
- Maine LD 61 (employer surveillance disclosure & prohibition) · In effect
- Washington SHB 1672 (employee monitoring notice, ADS restrictions, emotion AI ban) · In effect
- NYDFS CL 7 (2024) — Insurance AI Anti-Discrimination · In effect
- Virginia § 15.2-1723.2 (facial recognition by local law enforcement, eff. July 1, 2026) · In effect
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