Privacy policies are a key piece of the FTC’s authority over privacy issues. Section 5 of the FTC Act enables the Commission to regulate “’unfair or deceptive acts or practices in or affecting commerce,” which the FTC has used to hold companies to the terms of their privacy policies.
In the same keynote address, Khan also called on Congress to pass legislation to “help usher in” a new era of federal and industry privacy regulations. Taken together with the FTC’s previous guidance on “dark patterns,” it seems clear that the FTC is positioning itself to begin regulating the form and content of privacy policies in addition to enforcing their terms.
*This post was authored by Blair Robinson, legal intern at Robinson+Cole. Blair is not admitted to practice law.