Hot Topics in Privacy Enforcement: Key Trends in FTC, State, and Private Enforcement

Privacy and consumer protection law has changed dramatically since the GDPR and the CCPA were enacted in 2018. Five new comprehensive laws have taken or will take effect in 2023, and many more are pending in state legislatures this year. How these laws, and the laws that predated them, are enforced, will shape the business, legal, and risk environments in 2023 and beyond. 

Some of the key areas of enforcement, by regulators and in private, class action cases are already apparent: 

• Consumer rights and business/controller obligations, including with respect to the Global Privacy Control
• Targeted advertising and profiling
• “Dark patterns” in user interfaces and consumer choice mechanisms
• Children’s privacy and laws regulating design requirements for children
• Collection and use of biometric identifiers
• Display of videos and the use of social media pixels
• Use of online session replay scripts and online chat features
• Collection and use of location data