DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Little progress made in FOIA lawsuit against FTC over data security standards

Posted on August 6, 2015 by Dissent

On May 14, I noted an article in Legal Times about a FOIA lawsuit filed by Philip Reitinger against the FTC.  Reitinger sued the FTC after it returned no responsive documents to his FOIA request of November, 2014. Reitinger originally sought:

  1. Any and all documents including memoranda, communications, decisions, deliberations, and analyses regarding standards, guidelines, or criteria for what conduct or omission constitutes an unfair act or practice in or affecting commerce authorizing FTC action under 1-5 USC section 45, where that conduct or omission relates to cybersecurity or data security, including any conduct or omission relating to prevention of, detection of, response to, mitigation of, or recovery from cybersecurity attacks or incidents.
  2. Any and all documents including memoranda, communications, decisions, deliberations, and analyses regarding standards, guidelines, or criteria for what conduct or omission should or may lead the FTC to bring an action related to prevention of unfair acts or practices in or affecting commerce under 15 USC section 45, where that conduct or omission relates to cybersecurity or data security, including any conduct or omission relating to prevention of, detection of, response to, mitigation of, or recovery from cybersecurity attacks or incidents.
  3. Any and all documents including memoranda, communications, decisions, deliberations, and analyses regarding the legality or appropriateness of the material referred to in paragraphs 1 or 2.
  4. Any communication, including email, notes regarding conversations, or voicemail concerning the material referred to in paragraphs 1, 2 or 3.

Reitinger subsequently conferred with the FTC and agreed to narrow his request to policies and not material specific to each investigation. Despite his agreement to narrow the original request, the FTC denied in full his FOIA request, alleging that “all [responsive records] are exempt from the FOIA’s disclosure requirements” under Exemption 5 because they are “deliberative and predecisional” or “attorney work-product.”

Since May, when Reitinger filed suit in the District of Columbia, he and the FTC have conferred at the court’s order, but have not come to any resolution – in part, because after agreeing to fee waiver, the FTC turned around and rescinded their approval of his fee waiver request.

If you’re a fan of FOIA and/or want to know what the FTC’s standards are for data security enforcement, you may feel very frustrated as you read how this case is going, as the FTC seems unwilling to do what FOIA requires: search all records and produce the segregable, non-exempt portions of the records that are responsive to FOIA.

Here’s the most recent joint status report, filed July 31. See what you think.

Category: Commentaries and AnalysesOf Note

Post navigation

← Privacy breach no more: Eastern Health finds missing USB in file folder
UPDATE: Russia thought to be behind attack on Pentagon Joint Chief of Staff email system →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • North Shore University Sleep Disorders Center employee charged with secretly recording patients in restrooms
  • When ransomware listings create confusion as to who the victim was
  • Rajkot civic body’s GIS website hit by cyber attack, over 400 GB data feared stolen
  • Taiwan’s BitoPro hit by NT$345 million cryptocurrency hack
  • Texas gastroenterology and surgical practice victim of ransomware attack
  • Romanian Citizen Pleads Guilty to ‘Swatting’ Numerous Members of Congress, Churches, and Former U.S. President
  • North Dakota Enacts Financial Data Security and Data Breach Notification Requirements
  • Pro-Ukraine hacker group Black Owl poses ‘major threat’ to Russia, Kaspersky says
  • Vanta bug exposed customers’ data to other customers
  • Lyrix Ransomware Targets Windows Users with Advanced Evasion Techniques

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Florida ban on kids using social media likely unconstitutional, judge rules
  • State Data Minimization Laws Spark Compliance Uncertainty
  • Supreme Court Agrees to Clarify Emergency Situations Where Police Don’t Need Warrant
  • Stewart Baker vs. Orin Kerr on “The Digital Fourth Amendment”
  • Fears Grow Over ICE’s Reach Into Schools
  • Resource: HoganLovells Asia-Pacific Data, Privacy and Cybersecurity Guide 2025
  • She Got an Abortion. So A Texas Cop Used 83,000 Cameras to Track Her Down.

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.