FTC Announces Tentative Agenda for May 18 Open Commission Meeting

Today, Federal Trade Commission Chair Lina M. Khan announced that an open meeting of the Commission will be held virtually on Thursday, May 18, 2023. The open meeting will commence at 11am ET and will begin with time for members of the public to address the Commission.

The following items will be on the tentative agenda for the May 18 Commission meeting:

Business Before the Commission

Policy Statement on Biometric Information and Section 5 of the FTC Act: The Commission will vote to issue a Policy Statement on biometric information and Section 5 of the FTC Act. The Policy Statement will list examples of some of the practices the Commission will scrutinize in determining whether companies collecting and/or using or marketing biometric information technologies are complying with Section 5 of the FTC Act.

Notice of Proposed Rulemaking to Amend the Health Breach Notification Rule: The Commission will vote to issue a Notice of Proposed Rulemaking to amend the Health Breach Notification Rule, which requires vendors of personal health records and related entities to notify consumers of the breach of their unsecured identifiable health information. The proposed amendments would help clarify technologies and entities covered by the Rule, facilitate greater electronic breach notices to consumers, and expand the required content of the notices, among other changes.

At the start of the meeting, Chair Khan will offer brief remarks and will then invite members of the public to share feedback on the Commission’s work generally and bring relevant matters to the Commission’s attention. Members of the public must sign up for an opportunity to address the Commission virtually at the May 18 event.

Each commenter will be given two minutes to share their comments. Those who cannot participate during the event may submit written comments or a link to a prerecorded video through a webform. Speaker registration and comment submission will be available through Tuesday, May 16, 2023 at 8 pm ET.

The FTC’s public meeting agendas will be posted on the Commission’s website at least seven days prior to the Commission’s next monthly meeting. A link to the event will be available on the day of the event, shortly before the meeting starts via FTC.gov. The event will be recorded, and the webcast and any related comments will be available on the Commission’s website after the meeting. The Commission retains discretion to make public comments available following the event on ftc.gov.