Data protection and cybersecurity year 2021 in review | Wilson Sonsini Goodrich & Rosati

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FTC activity in 2021 and likely trends for 2022

2021 marked the beginning of the Khan era at the Federal Trade Commission (FTC). During her first nine months in office, FTC Chair Lina Khan announced privacy and security initiatives that provide important insights into her priorities. Businesses should closely monitor FTC activities in 2021 and public statements by FTC leadership in preparation for 2022. Here is a list of 10 likely trends we can expect in 2022 (in no particular order):

  • New rulemaking procedure: The FTC is considering a new rule to “curb lax security practices, limit abuse of privacy and ensure that algorithmic decision-making does not lead to unlawful discrimination”. This rulemaking process is expected to begin in the coming months. This initiative follows the first update in 20 years of the Safeguards Rule under the Gramm-Leach-Bliley Act, which non-bank financial institutions (e.g. mortgage lenders, …

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