DataBreaches.Net

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

LabMD ruling should be a wake-up call for FTC data security enforcement

Posted on November 23, 2015 by Dissent

For another informed perspective on the impact of the initial decision in FTC v. LabMD, I’d strongly encourage this site’s readers to read Gus Hurwitz’s thought-provoking analysis and commentary on TechPolicyDaily.com.  Here’s a snippet:

… Judge Chappell had none of the FTC’s argument. “The term ‘likely’,” he tells us, “does not mean that something is merely possible. Instead, ‘likely’ means that it is probable that something will occur.” He bases this conclusion in part on available case law and prior FTC decisions. But he goes well beyond this, saying as well that “[i]f unfair conduct liability can be premised on ‘unreasonable’ data security alone, upon proof of a generalized, unspecified ‘risk’ of a future data breach, without regard to the probability of its occurrence, and without proof of actual or likely substantial consumer injury, then [the statutory standard provided in Section 5(n)] would not provide the required constitutional notice of what is prohibited.”

Related posts:

  • Unfair enforcement? FTC vs. LabMD
  • Digging in their heels: Wyndham and LabMD challenge FTC’s authority in data security cases
  • FTC’s complaint against LabMD has spawned so much litigation – and for what?
  • The FTC’s Data Security Error: Treating Small Businesses Like The Fortune 1000
Category: Commentaries and AnalysesHealth DataOf NoteU.S.

Post navigation

← Smut-viewing Android apps actually steal your data
Quest Diagnostics sued over fax errors breach, but are they really responsible? →

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

  • Mississippi Law Firm Sues Cyber Insurer Over Coverage for Scam
  • Ukrainian Hackers Wipe 47TB of Data from Top Russian Military Drone Supplier
  • Computer Whiz Gets Suspended Sentence over 2019 Revenue Agency Data Breach
  • Ministry of Defence data breach timeline
  • Hackers Can Remotely Trigger the Brakes on American Trains and the Problem Has Been Ignored for Years
  • Ransomware in Italy, strike at the Diskstation gang: hacker group leader arrested in Milan
  • A year after cyber attack, Columbus could invest $23M in cybersecurity upgrades
  • Gravity Forms Breach Hits 1M WordPress Sites
  • Stormous claims to have protected health info on 600,000 patients of North Country Healthcare. The patient data appear fake. (2)
  • Back from the Brink: District Court Clears Air Regarding Individualized Damages Assessment in Data Breach Cases

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

  • The EU’s Plan To Ban Private Messaging Could Have a Global Impact (Plus: What To Do About It)
  • A Balancing Act: Privacy Issues And Responding to A Federal Subpoena Investigating Transgender Care
  • Here’s What a Reproductive Police State Looks Like
  • Meta investors, Zuckerberg to square off at $8 billion trial over alleged privacy violations
  • Australian law is now clearer about clinicians’ discretion to tell our patients’ relatives about their genetic risk
  • The ICO’s AI and biometrics strategy
  • Trump Border Czar Boasts ICE Can ‘Briefly Detain’ People Based On ‘Physical Appearance’

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.