The year 2023 promises to be another big year for privacy. In 2022, regulators focused on AI, dark patterns and aggressive remedies for allegedly deceptive and unfair data practices, such as disgorgement of algorithms developed through ill-gotten data, and these trends are likely to continue. Privacy professionals continue to focus on the privacy laws in five states coming into effect this year (California, Virginia, Colorado, Utah, Connecticut), while federal regulators continue to flex their muscles on privacy. Here are our top five predictions for privacy regulation in 2023:

1. Employee privacy will take center stage.The California Privacy Rights Act (CPRA) comes into effect in January, along with four other state privacy laws. Notably, it is the first state privacy law that will apply to employee data. In general, under CPRA, employees may request access, correction, or deletion of their personal information, and employers must provide notice to the employees of these and other rights. Employers have a limited time to respond to employee requests. Join representatives from Wilson Sonsini’s privacy and cybersecurity and employment practices for a webinar on February 2, 2023, to discuss these issues.

2. The Federal Trade Commission (FTC) will issue a Notice of Proposed Rulemaking on privacy.In 2022, the draft American Data Protection and Privacy Act (ADPPA) came close to passage. It would have been the first comprehensive privacy law in the United States. In August 2022,...

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