If federal judge William S. Duffey, Jr. in the Northern District of Georgia decides his court has jurisdiction to hear LabMD’s challenge to the FTC’s authority to enforce data security for HIPAA-covered entities, the FTC may be in for a bumpy ride. In a hearing on May 7, Judge Duffey noted how burdensome consent orders…
Search Results for: labmd
Will Unearthing the FTC’s Data Security Standards Help the Health Care Industry?
Elizabeth Litten of Fox Rothschild writes: …. As described in prior posts on this blog, the Federal Trade Commission (FTC) has brought numerous enforcement actions against businesses based on its decision that the businesses’ data security practices were “deceptive” or “unfair” under Section 5 of the FTC Act. When I last checked the FTC’s website, there were 54…
FTC told to disclose the data security standards it uses for data security enforcement actions
Jaikumar Vijayan reports: The Federal Trade Commission (FTC) can be compelled to disclose details of the data security standards it uses to pursue enforcement action against companies that suffer data breaches, the agency’s chief administrative law judge ruled Thursday. The decision came in response to a motion filed by LabMD, a now-defunct medical laboratory that…
FTC told to disclose the data security standards it uses for data security enforcement actions (updated)
Jaikumar Vijayan reports: The Federal Trade Commission (FTC) can be compelled to disclose details of the data security standards it uses to pursue enforcement action against companies that suffer data breaches, the agency’s chief administrative law judge ruled Thursday. The decision came in response to a motion filed by LabMD, a now-defunct medical laboratory that…
Wyndham's motion to dismiss FTC data security complaint denied
One of the cases I’ve been covering on this blog is LabMD‘s challenge to the FTC’s authority to enforce data security in the health care sector. In its recently filed complaint in federal court in Georgia, LabMD raises some of the same issues raised by Wyndham in federal court in New Jersey, including the issue…
Wyndham submits new data security and breach bills to support motion to dismiss FTC complaint
Will Judge Ester Salas ever get to rule in FTC v. Wyndham? I had hoped the court would issue a ruling on Wyndham’s motion to dismiss shortly after the November oral argument on the motion, but here we are three months later, and both sides are still introducing supplemental authorities to bolster their respective positions….