Maneesha Mithal, Stacy Feuer, Yael Weinman
Over the past few months, FTC Chair Lina Khan’s vision for privacy enforcement has moved more clearly into focus. In significant privacy settlements announced since last fall, the agency has demonstrated that it’s ready to back up its talk of algorithms, dark patterns, health data, and children/teen privacy with enforcement action. There’s a new head of the FTC’s privacy division and a consolidated Office of Technology that reports directly to the Chair. Commissioner Christine Wilson, who has supported the FTC’s privacy work (and federal privacy legislation), has resigned, leaving both Republican seats empty. Congress is – once again- considering legislation that would mandate new responsibilities and resources for privacy while, at the same time, it is conducting oversight about alleged abuses of power by agency leadership. In this workshop, attendees will learn about these developments and more from three FTC veterans, including:
In-depth discussion of the agency’s recent privacy enforcement actions, including takeaways for practitioners;
Trends in FTC enforcement actions and remedies, including the use of the agency’s “unfairness” authority, its novel use of the Health Breach Data Notification Rule, focus on dark patterns, and remedies such as banning any sharing of health information for targeted advertising;
Predictions about how changes in the Commission and the political environment may affect efforts to pass federal privacy legislation and new privacy rules.
Maneesha Mithal, Partner, Wilson Sonsini
Stacy Feuer, Senior Vice President, Entertainment Software Rating Board
Yael Weinman, VP and Associate General Counsel, Verizon
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