Because it encompasses the lazy days of summer, Q3 is often a slower roll in the world of privacy — and July and August did not disappoint. Those of us following the privacy space got a much-needed break. However, as August wrapped up, Washington resumed its busy state of affairs, Europe returned to business as usual, and it quickly became clear that the privacy space had had lost no momentum.

U.S. Federal Privacy

The Federal Trade Commission (FTC) won big this quarter. On September 13, President Biden nominated privacy advocate Alvaro Bedoya, founding director of the Center on Privacy and Technology at Georgetown Law, to serve as FTC commissioner. This nomination was celebrated by privacy professionals as a signal for greater subject visibility and experience at the federal level as well as a perceived commitment to push consumer protections.

Just before the quarter wrapped up, Senate Commerce Chair Maria Cantwell (D-Wash.) convened the first of a series of Senate hearings on September 29 entitled, “Protecting Consumer Privacy.” Witnesses offered broad support for increased funding for the Federal Trade Commission, all noting a need for additional staff and authority, and they advocated for a comprehensive federal framework for privacy.

There is a growing consensus that the FTC needs a boost if the United States is to address privacy and data protection adequately. Over the past few months, the FTC has undeniably demonstrated a dedication to broadening its impact and reach, with FTC Commissioner Lina Khan setting the tone by bringing seriousness to rein in big tech in both privacy and anti-trust matters.

Lawmakers are taking note. On September 20, a group of senators sent a letter to Khan, encouraging the FTC to begin a rule-making process that sets a national standard for data privacy and security. In the letter, they called on the FTC to undertake rule-making (Read more...)