Cross-posted from PHIprivacy.net: Adam Greenberg reports on two cases where businesses have challenged the FTC’s authority in data security cases. Although Wyndham’s challenge has been discussed in detail on DataBreaches.net (see these posts), I haven’t really described the LabMD case until now. In the LabMD case, the Atlanta Business Chronicle reported last year: The federal agency…
Search Results for: LabMD
New and improved FTC data security orders: Better guidance for companies, better protection for consumers
I held off on posting this one as so many people need a bit more time to get back into the swing of things after the holidays. Andrew Smith, Director of the FTC Bureau of Consumer Protection, posted this on January 6 on the FTC’s site: When Chairman Simons and I arrived at the FTC,…
Daily Dicta: The FTC Should Be Suing Itself for How It Handled This Case
Jenna Greene has a column today on the LabMD case. Sadly, it is behind a paywall, but it begins: Government consumer protection lawyers are supposed to be the good guys, the ones in white hats sticking up for the citizenry. Which is why it’s particularly upsetting when it turns out they’re in the wrong—as was…
Federal Court’s Embrace Of FTC Data-Breach Settlements As ‘Common Law’ Treads On Due Process
Cory L. Andrews of Washington Legal Foundation has an OpEd that begins: The Federal Trade Commission (FTC) has developed a well-known penchant for using individually negotiated settlement agreements and consent decrees to announce for the first time what qualifies as “unfair” or “deceptive” conduct under the FTC Act. In the data-privacy arena, FTC views these…
California Court Weighs in on the FTC’s Data Security Enforcement Authority
Kade N. Olsen and Craig A. Newman report on a court opinion in the D-Link case – a case that addresses some of the issues also raised in LabMD vs. FTC: Yesterday, a District Court in Northern California weighed in on the U.S. Federal Trade Commission’s (FTC) authority to protect consumers from “unfair” and “deceptive”…
New FTC Policy Would Shield Lawyers, Staff From Personal Liability
C. Ryan Barber reports: The Federal Trade Commission on Wednesday adopted an indemnity policy that will shield lawyers and other staff from any personal liability for enforcement actions that draw a lawsuit and expose them to a monetary judgment. The policy, adopted without public comment, will allow the agency to cover the cost of any…