The FTC indicated that it will use its rulemaking authority under the FTC Act’s Section 18 to create a new rule that will likely seek to rein in broad data collection and use.

In October 2021, FTC Commissioner Rebecca Kelly Slaughter made two speeches in which she expressed a desire to move beyond the FTC’s “notice-and-consent” framework to address broader surveillance practices that underlie the digital advertising economy, specifically by applying “bright-line purpose and use restrictions that minimize the data that can be collected and how it can be deployed.”