10.27.2021

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General News

Partner Janis Kestenbaum was quoted in the International Association of Privacy Professional’s online publication, The Privacy Advisor, article "Connecting the Dots: Making Sense of Recent FTC Developments" regarding upcoming changes at the U.S. Federal Trade Commission.

Janis, who served as senior legal advisor to FTC Chairwoman Edith Ramirez during the Obama administration, said, "I think it would be extraordinarily significant, if not monumental. A roughly 30% increase that's earmarked for use by a new privacy division. That'd be such an infusion of resources that would really be a gamechanger because the FTC has labored despite doing extraordinary work. I am always wowed to see what they've done with so little, so to see they would have so much more to work with makes me think we'd see such an uptick in its privacy initiatives."

"I expect the FTC will forge ahead and initiate one or more privacy and data security rulemakings," said Janis. "I wouldn’t be surprised if the commission did not hold back and sought to impose by rule many of the types of measures that are appearing in proposals in Congress and many state legislatures – greater transparency, requirements for reasonable security safeguards, requirements around data sharing for interest-based advertising, and individual rights like deletion and access."

Janis told The Privacy Advisor, "It's hard to know, but it could be intended to get everybody excited. Just to be able to say that with this new department there will be somebody at the commission level that's a privacy scholar and notable figure."