Norma M Krayem is Senior Policy Advisor in Holland & Knight's Washington D.C. office

On Aug. 6, 2018, the Federal Trade Commission (FTC) announced plans to hold a series of public hearings from the fall of 2018 to January 2019 that will focus on key issues impacting the U.S. consumer. Specifically, these hearings will "examine whether broad based changes in the economy, evolving business practices, new technologies or international developments might require adjustments to competition and consumer protection law, enforcement priorities, and policy."

The FTC designated a total of 11 topic areas it will focus on and included a series of questions that it would like the public to comment on and participate in. Consumer privacy issues along with data security, the use of Big Data, artificial intelligence (AI) and predictive analytics figure prominently in the list of main topics the FTC has indicated it will review and analyze and include:

  • Competition and consumer protection issues in communications, information and media technology networks
  • The intersection between privacy, big data and competition
  • The Commission's remedial authority to deter unfair and deceptive conduct in privacy and data security matters
  • The consumer welfare implications associated with the use of algorithmic decision tools, artificial intelligence and predictive analytics
  • The interpretation and harmonization of state and federal statutes and regulations that prohibit unfair and deceptive acts and practices

The notice indicates that these efforts will build upon the FTC's previous efforts to look at these issues in the last few years as a means to identify new emerging trends while still balancing concerns with consumer protection. The FTC has looked at Big Data, the Internet of Things (IoT), privacy, security and AI issues covering a host of sectors, such as banking/financial services, insurance, connected cars and autonomous vehicles, smart homes, smart cities, health and medical devices and many more. Some of these reports include: Internet of Things: Privacy and Security in a Connected World (2015) and Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues (2016). The FTC has also focused on FinTech issues and announced the creation of a Blockchain Working Group in March 2018.

The Federal Register notice indicates the FTC plans to hold 15-20 sessions taking place in Washington, D.C., and around the U.S. The FTC says the "hearings pay tribute to, and are modeled after, the FTC's 1995 Global Competition and Innovation Hearings." It asks for public comments on the topics and the process on or before Aug. 20, 2018. For more information on this or other privacy and security matters, please contact the author of this blog.

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