Martin Tully discusses the Federal Trade Commission’s increasingly aggressive approach to regulating data-handling practices in the Law360 article, “Privacy Legislation And Regulation to Watch In 2023.”

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Under the leadership of Lina Khan, a Democrat who assumed the helm in June 2021, the Federal Trade Commission has been steadily turning up the heat on how companies handle, share and secure personal data, and the coming year looks to be no different. 

"Statements from FTC Chair Lina Khan and other regulators make clear that we can expect to see continued robust enforcement of data protection requirements," said Martin Tully, a partner at Redgrave LLP. 

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The FTC has already faced backlash to the breadth of its rulemaking efforts, including from three Republican senators who have argued that the commission needs to "leave the task of creating data privacy and security rules to the elected officials in Congress."

However, "while the political environment and rulemaking landscape remain somewhat unsettled, organizations would be wise to proactively seek to comply with evolving data privacy and cybersecurity requirements they may be subject to," said Redgrave's Tully. "Otherwise, they risk being made an example of by fired-up regulators."

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Access the full Law360 article here.