In public comments during the Federal Trade Commission’s (FTC) data privacy rulemaking open forum, a senior U.S. Chamber of Commerce came out against the agency making broad rules on data privacy.
“We urge the Federal Trade Commission to wait on Congress as constitutionally required to pass a true, clear, and workable national privacy law,” said Jordan Crenshaw, vice president of the U.S. Chamber Technology Engagement Center. He asked the commission to follow the FTC Act and remember “the tremendous benefits consumers derive from our data driven economy in any enforcement proceeding.”
Earlier in his testimony, Crenshaw stressed congress has never authorized the FTC to make broad rules on data privacy, and that if it had it would have done so like it did under COPPA and GLBA. He noted Congress is currently considering the proposed American Data Privacy and Protection Act.
“Congress, with the assent of the president—not the Federal Trade Commission—is the only government entity that can mandate economywide policies for data privacy, security, and algorithms,” Crenshaw said. “If the Commission proceeds down the path of promulgating rules economywide, as asked about in its ANPR, it will trigger the Supreme Court’s Major Question Doctrine which requires agencies to have been given a clear authorization from Congress in the case of rules that have major economic consequences.”
Read more of Crenshaw’s testimony here.