The US Federal Trade Commission, which has seen the early departure of two Republican commissioners in recent years after both tussled with what they perceived as agency overreach, is advised by one of its new commissioners to stay within the bounds of authority granted by Congress.
FTC’s New Commissioner ‘Dismayed’ By Agency Overreach
Examples Include Amended Health Breach Notification Rule, Section 5 Reliance On NOPs
FTC Commissioner Melissa Holyoak says the agency has acted outside the bounds afforded by Congress, citing several areas within consumer protection, including a recent update to the final rule for the Health Breach Notification Rule and the commission’s use of notices of penalty offense to serve as the basis for Section 5 settlements.
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The US FTC’s contention that ‘notice and choice’ has failed as the cornerstone of consumer privacy regulation and must be abandoned in favor of data minimization and other more stringent measures does not adequately account for the complexity of business practices and consumer behavior, FTC commissioner Melissa Holyoak asserted at the NAD’s 2024 Annual Conference.
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FTC Commissioner Melissa Holyoak says the agency has acted outside the bounds afforded by Congress, citing several areas within consumer protection, including a recent update to the final rule for the Health Breach Notification Rule and the commission’s use of notices of penalty offense to serve as the basis for Section 5 settlements.
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