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
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Enacted | August 22, 2022 |
| Citation | 87 Fed. Reg. 51273 |
| 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 |
| Agency page | Trade Regulation Rule on Commercial Surveillance and Data Security — ANPR (87 FR 51273) |
More AI rules in United States
- Trump AI Innovation & Security EO (June 2026) · In effect
- FERC order directing PJM and other grid operators to reform tariffs on… · Enacted (not yet in effect)
- Chatrie v. United States (Fourth Amendment protection for location… · Blocked / in litigation
- Kids Internet and Digital Safety Act (KIDS Act) (H.R. 7757) · Proposed / pending
- NAIC AI Evaluation Tool Pilot (12 states, 2026) · Proposed / pending
- FTC Proposed Policy Statement — AI Accuracy (July 2026) · Proposed / pending
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 companies · 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
See something wrong or out of date? Submit a correction. Every entry must carry a verifiable source.