2023 is turning out to be an eventful year for privacy policy. The FTC has proposed modifications to its Facebook order that would keep Facebook from monetizing data from minors, and has flexed its enforcement powers through a broad interpretation of its Health Breach Notification Rule—one that it now wants to codify. At the same time, a federal judge dismissed the Commission’s case against Kochava for failure to sufficiently allege consumer harm, and the Supreme Court dealt it another blow to the FTC in Axon, which is likely to spur additional challenges to the constitutionality of the FTC and its (recently amended) administrative adjudication procedures. All the while, Congress continues to consider various privacy bills, with the American Data Privacy and Protection Act (ADPPA) appearing to gain the most traction. And states are jumping in to fill the void left by congressional inaction with their own privacy laws, as well as laws directed at social media platforms.
