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LabMD: Is the FTC’s data security joy ride finally coming to an end?

Posted on November 18, 2016 by Dissent

Here’s your must-read today on LabMD’s challenge to the FTC  by Gus Hurwitz, who, like this blogger, has been criticizing the FTC’s over-zealous enforcement for the past three years. Unlike this blogger, however, Gus is actually a lawyer. 🙂

When LabMD prevails in the Eleventh Circuit, as I am hopeful they will, I will talk to Gus about us co-hosting a party to celebrate the reining in of the FTC’s authority to those breaches or situations in which there is really a likely risk of significant harm or injury to consumers. 

And I’ll continue to hope that someday, Congress will rein the FTC in even more by making HHS/OCR the sole federal agency with authority to enforce data security for entities collecting, storing, or using health data. It’s hard enough to serve one master without having to serve two federal masters plus all the state attorneys general with their own state laws.

In the meantime, do read Gus’s article.

 

 

 

Related posts:

  • FTC Takes Action Against Drizly and its CEO James Cory Rellas for Security Failures that Exposed Data of 2.5 Million Consumers
  • Transcript of Oral Argument in FTC v. Wyndham
  • FTC Announces Hearings On Competition and Consumer Protection in the 21st Century
  • Digging in their heels: Wyndham and LabMD challenge FTC’s authority in data security cases
Category: Commentaries and AnalysesHealth DataU.S.

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2 thoughts on “LabMD: Is the FTC’s data security joy ride finally coming to an end?”

  1. Justin Shafer says:
    November 18, 2016 at 4:18 pm

    I still don’t agree that the file was stolen.

    1. Dissent says:
      November 18, 2016 at 4:46 pm

      Nobody I know thinks it was stolen other than Daugherty.

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