Privacy Regulation and Enforcement in the USA: What to Expect in 2023
2023 promises to be another big year for privacy regulation and enforcement. In 2022, regulators focused on AI, dark patterns and aggressive remedies for allegedly deceptive and unfair data practices, such as disgorgement of algorithms developed through ill-gotten data, and these trends are likely to continue. While new state privacy laws are coming into effect this year, at the federal level the Federal Trade Commission continues to explore a federal privacy rule, as part of its general “commercial surveillance” rulemaking proceeding, as well as its proceeding on children’s privacy. Join Wilson Sonsini Goodrich & Rosati partners Lydia Parnes (co-chair of the privacy and cybersecurity practice) and Maneesha Mithal as they summarise the key developments of 2022 and get out their crystal balls to predict where privacy regulators will go in 2023.
Maneesha Mithal
Most Important Developments and Trends in Privacy
Maneesha outlines the proliferation of state privacy laws, the introduction of the US data protection and Privacy Act, and the FTC's announcement of a proposed privacy rulemaking. Significant trends include a real focus on artificial intelligence (AI), a continued focus on the area of targeted advertising, and an emphasis on employee privacy.
“Federal privacy legislation is a real long shot, and we're going to continue to see a proliferation of state laws.”
Significant Developments in Cybersecurity
The partners discuss upcoming SEC cybersecurity rules and an emphasis on incident response, as well as board level responsibility and senior official responsibility over cybersecurity. Data minimisation is also a really important component to data security.
“Regulators have become much more aggressive. We're certainly seeing that at the FTC as well as on the state level and internationally as well.”
What's on the Horizon?
Lydia and Maneesha discuss what issues are likely to arise throughout this year and into 2024.
“My predictions would be AI gig economy, EdTech and health.”
Wilson Sonsini Goodrich & Rosati
Wilson Sonsini Goodrich & Rosati
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