Urging More Time in FTC Privacy Rulemaking - Articles

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30Sep

Urging More Time in FTC Privacy Rulemaking

The Insights Associations joined nearly 20 business groups asking for two more months to respond to a Federal Trade Commission (FTC) push for extremely broad new privacy rules that could rope in most aspects of the insights industry's work.

The organizations urged the FTC to "extend the deadline for filing comments on the Advance Notice of Proposed Rulemaking for Trade Regulation Rule on Commercial Surveillance and Data Security," issued in August, with comments due in October.

The FTC defines “commercial surveillance” as “the business of collecting, analyzing, and profiting from information about people,” which sounds like a (negatively-tinged) description of the insights industry.

As the September 24, 2022 letter explained: "The ANPR seeks to develop a record to establish a rule that would fundamentally alter the modern economy. As such, the FTC should base the development of a proposed rule on the highest quality and most complete record possible. Specifically, we request a 60-day extension of the comment deadline from October 21, 2022 to December 20, 2022. Additional time would permit the undersigned organizations to understand and evaluate more thoroughly the voluminous number of questions and considerations put forth by the FTC. The ANPR seeks information, research, and experiential data about almost all aspects of the modern data-driven economy, and it does so through a procedure the FTC has rarely used for such an expansive and vaguely defined purpose. More time is required for all stakeholders, including the undersigned organizations, to provide the detailed comments and information that the FTC is requesting, including comments on the various economic impacts of a potential regulation, the multiple alternatives available to the FTC, and the significant (and potentially negative) downstream impacts of sweeping regulations on commercial data practices for consumers, businesses, and the American economy."

IA continues to coordinate with Privacy for America in our response to the FTC rulemaking. We look forward to any input from the insights industry that may help in our response.

About the Author

Howard Fienberg

Howard Fienberg

Based in Washington, DC, Howard is the Insights Association's lobbyist for the marketing research and data analytics industry, focusing primarily on consumer privacy and data security, the Telephone Consumer Protection Act (TCPA), tort reform, and the funding and integrity of the decennial Census and the American Community Survey (ACS). Howard has more than two decades of public policy experience. Before the Insights Association, he worked in Congress as senior legislative staffer for then-Representatives Christopher Cox (CA-48) and Cliff Stearns (FL-06). He also served more than four years with a science policy think tank, working to improve the understanding of scientific and social research and methodology among journalists and policymakers. Howard is also co-director of The Census Project, a 900+ member coalition in support of a fair and accurate Census and ACS. He has also served previously on the Board of Directors for the National Institute for Lobbying and Ethics and and the Association of Government Relations Professionals. Howard has an MA International Relations from the University of Essex in England and a BA Honors Political Studies from Trent University in Canada, and has obtained the Certified Association Executive (CAE), Professional Lobbying Certificate (PLC) and the Public Policy Certificate (PPC). When not running advocacy for the Insights Association, Howard enjoys hockey, NFL football, sci-fi and horror movies, playing with his dog, and spending time with family and friends.

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