Today, the Federal Trade Commission (FTC) announced that it anticipates proposing a privacy rulemaking this month, with comments closing in August.  This announcement follows the agency’s statement in December that it planned to begin a rulemaking to “curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.”  The rulemaking will be governed by Magnuson-Moss rulemaking procedures, which contain more procedural safeguards and substantive requirements than Administrative Procedure Act rulemaking.

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Photo of Libbie Canter Libbie Canter

Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports…

Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports clients on their efforts to launch new products and services involving emerging technologies, and she has assisted dozens of clients with their efforts to prepare for and comply with federal and state privacy laws, including the California Consumer Privacy Act and California Privacy Rights Act.

Libbie represents clients across industries, but she also has deep expertise in advising clients in highly-regulated sectors, including financial services and digital health companies. She counsels these companies — and their technology and advertising partners — on how to address legacy regulatory issues and the cutting edge issues that have emerged with industry innovations and data collaborations.

Photo of Madeline Salinas Madeline Salinas

Madeline Salinas is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity and Communications and Media Practice Groups.

Andrew Smith

Andrew Smith advises clients on retail financial services, data protection, advertising and consumer protection, technology, credit reporting, and e-commerce issues. He assists banks, non-bank lenders, technology companies, and their vendors with regulatory compliance, litigation, and transactional matters.

Prior to re-joining the firm, Andrew…

Andrew Smith advises clients on retail financial services, data protection, advertising and consumer protection, technology, credit reporting, and e-commerce issues. He assists banks, non-bank lenders, technology companies, and their vendors with regulatory compliance, litigation, and transactional matters.

Prior to re-joining the firm, Andrew served as Director of the Bureau of Consumer Protection at the Federal Trade Commission (FTC), where he was focused on investigations and enforcement of privacy, data security, financial services, and marketing laws and regulations across a broad range of areas, including fair lending, technology platforms, digital advertising, payments, telemarketing, lead generation, affiliate marketing, consumer reporting, and small business financing. He also oversaw the Bureau’s extensive rulemaking and workshop proceedings, including on endorsement guides, security of financial data, subscription marketing, contact lenses, and children’s privacy. Additionally, he led the FTC’s COVID-19 pandemic-related enforcement and consumer education efforts. In a previous role as Assistant to the Director of the Bureau of Consumer Protection at the FTC, Andrew led a team of professionals to develop and draft ten rules and six studies under the Fair Credit Reporting Act.

Andrew represents clients before federal and state agencies—particularly the FTC and Consumer Financial Protection Bureau (CFPB)—in law enforcement and rulemaking proceedings. He regularly advises companies on the requirements of the GLBA, FCRA, DPPA, ECOA, FDCPA, TCPA and TSR, FTC Act, Dodd-Frank Act, and analogous state laws, including state insurance privacy laws and security breach notification requirements.