Bloomberg has reported (paywall) that “[t]he U.S. Chamber of Commerce is seeking records from the Federal Trade Commission related to its development of consumer data protection regulations, as part of a broader offensive against what it sees as ‘regulatory overreach’ by the agency. The Friday records request asks for information on privacy policies the commission has discussed or considered in relation to a recent executive order on competition from President Joe Biden.”
The Chamber said in a statement that in making a FOIA request, “the Chamber is putting the FTC on notice that we will use every tool at our disposal, including litigation, to stop its abuse of power, to stand up for due process, and to protect the free enterprise system and America’s vibrant economy.” As noted by Bloomberg, the Chamber requested, “among other things, privacy-related communications between FTC chair Lina Khan and former commissioner Rohit Chopra, as well as communications with the Center on Privacy and Technology at Georgetown Law. The center’s founding director, Alvaro Bedoya, is Biden’s pick to fill Chopra’s empty Democratic seat on the five-member commission.”
The Chamber issued a press release, U.S. Chamber of Commerce Stands Up to FTC Going Rogue. The Chamber also published a Letter on the Legal Implications of White House Interactions with Independent Agencies, a Letter to FTC on Penalty Offense Authority, and a Letter to FTC on Practice of Counting “Zombie Votes”.
Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More