FTC Commercial Surveillance and Data Security ANPR (16 CFR Part 437)
United States · 87 Fed. Reg. 51273
The FTC's advance notice of proposed rulemaking on 'commercial surveillance and data security' asked whether to write rules limiting how companies collect data, train AI models on consumers, and use automated decision-making. The proceeding is technically open but has not advanced to a notice of proposed rulemaking.
Technical detail
Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security, 87 Fed. Reg. 51273 (Aug. 22, 2022). Solicited comment on rules addressing automated decision-making systems, algorithmic discrimination, biometric data, dark patterns, and data minimization — would be codified at 16 C.F.R. Part 437 if finalized.
Who is protected: U.S. consumers, especially those subject to algorithmic and AI-driven commercial profiling
Who must comply: Would apply broadly to entities engaging in commercial surveillance subject to FTC jurisdiction
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Status | Proposed / pending |
| Protection strength | Proposed or pending |
| Enacted | 2022-08-22 |
| Citation | 87 Fed. Reg. 51273 |
| Enforced by | Federal Trade Commission |
| Private right of action | No — agency enforcement only |
| Penalties | Would carry FTC civil penalties if finalized |
| Topics | consumer data privacy · consumer protection · automated decision-making · biometric data |
| Last verified | 2026-06-17 |
| Official source | Trade Regulation Rule on Commercial Surveillance and Data Security — ANPR (87 FR 51273) ↗ |
More AI rules in United States
- FTC Act Section 5 (unfair/deceptive AI) · In effect
- TAKE IT DOWN Act · In effect
- FCRA (AI in credit & background checks) · In effect
- ECOA / Regulation B (AI credit discrimination) · In effect
- Title VII / ADA (AI hiring) · In effect
- COPPA + 2025 Rule (childrens data) · In effect
Related consumer data privacy rules elsewhere
- CCPA/CPRA + ADMT Regulations · In effect
- AB 2013 (Training Data Transparency) · In effect
- AB 602 (Deepfake Intimate Images) · In effect
- BIPA · In effect
- TDPSA · In effect
- HB 452 (Mental Health Chatbots) · In effect
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