FTC takes steps toward privacy, AI rulemaking

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As the debate rages on regarding whether the U.S. Federal Trade Commission should or could begin rulemaking on privacy, the commission has signaled it is not willing to wait for a consensus. On Dec. 10, the FTC filed an Advanced Notice of Proposed Rulemaking with the Office of Management and Budget that initiates consideration of a rulemaking process on privacy and artificial intelligence.

The filing describes the FTC’s intent as seeking to “curb lax security practices, limit privacy abuses, and ensure that algorithmic decision-making does not result in unlawful discrimination.” The Electronic Privacy Information Center brought light to the filing and its inclusion in the FTC’s Semiannual Regulatory Agenda.

ANPRMs are aimed at soliciting stakeholder comments before an official rulemaking process is carried out under a Notice of Proposed Rulemaking. The FTC’s filing is currently dated for February 2022, meaning it will either commence its solicitation period under the ANPRM then or begin its rulemaking process.

“The FTC is taking steps to use its

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