Mary Ashley Salvino writes:
If the Federal Trade Commission were a major league baseball team, it might be fair to view 2022 as a rebuilding year regarding its privacy enforcement authority. 2023, on the other hand, might just be the season that marks the FTC’s long-awaited return to a privacy authority winning streak.
The FTC spent 2022 recalibrating after it suffered setbacks to its privacy enforcement game plan, stemming from low morale, divisive partisanship, and a dearth of resources.
To be clear, the FTC still remains underfunded, but 2023 could nevertheless be a remarkably productive year for the privacy watchdog. A strengthened FTC—with a deadlock-proof panel of commissioners—could reach new heights, especially with the possible adoption of new privacy rules and bipartisan support for proposed federal privacy legislation
2023 could be a banner year for FTC enforcement endeavors, particularly in the areas of algorithmic disgorgement remedies, child online privacy, unfair data practices, and deceptive digital patterns.
Read more of her analysis at Bloomberg Law.