FTC Seeks Public Input on Commercial Surveillance and Algorithmic Rules
The Federal Trade Commission launches an inquiry into commercial surveillance and data security, asking 95 questions about consumer data practices including algorithmic discrimination. Meanwhile, HHS proposes a ban on discriminatory clinical algorithms in healthcare.
The Federal Trade Commission is seeking public input on potential rules addressing "commercial surveillance" and data security. Through an advance notice of proposed rulemaking issued on August 11, the FTC asks 95 data-related questions to determine if new regulations are necessary. Nineteen of these questions focus specifically on automated decision-making and algorithmic discrimination, highlighting the agency's growing concern over how artificial intelligence impacts consumers.
Interested parties have 60 days to submit their comments to the FTC, including through a virtual public forum scheduled for September 8. According to Chair Lina Khan, this public feedback directly informs whether the FTC moves forward with formal rulemaking and what shape those potential rules might take. This initiative signals a major shift in how the federal government approaches the collection, analysis, and use of consumer data by modern businesses.
This FTC action is part of a broader regulatory push affecting artificial intelligence across multiple sectors. Separately, the Department of Health and Human Services proposes a new rule under Section 1557 of the Affordable Care Act that prohibits covered healthcare entities from using discriminatory clinical algorithms. Additionally, the Consumer Financial Protection Bureau is taking steps to hold digital marketers accountable for unfair or deceptive practices, while the NLRB and FTC are forming a new partnership to protect workers.