FTC Commercial Surveillance ANPR

FTC Commercial Surveillance and Data Security ANPR (16 CFR Part 437)
United States · 87 Fed. Reg. 51273

Status
Proposed / pending
Applies to
Would apply broadly to entities engaging in commercial surveillance subject to FTC jurisdiction
Enforced by
Federal Trade Commission

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.

Who is protected: U.S. consumers, especially those subject to algorithmic and AI-driven commercial profiling

Legal 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.

Key facts

JurisdictionUnited States
LevelFederal
EnactedAugust 22, 2022
Citation87 Fed. Reg. 51273
Private right of actionNo, agency enforcement only
PenaltiesWould carry FTC civil penalties if finalized
Topicsconsumer data privacy · consumer protection · automated decision-making · biometric data
Agency pageTrade Regulation Rule on Commercial Surveillance and Data Security — ANPR (87 FR 51273)

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