Judges Question FTC Data Security Standard at LabMD Argument

Jimmy Koo reports:

The Federal Trade Commission’s data security enforcement standard came under fire June 22 from a panel of federal appeals court judges ( LabMD, Inc. v. FTC , 11th Cir., No. 16-16270, oral argument 6/21/17 ).

As predicted, the level of harm required for the FTC to act was “front and center” during the oral argument. Attorneys for the FTC and the now-defunct medical testing company LabMD Inc. squared off before the U.S. Court of Appeals for the Eleventh Circuit over what level of data breach injury is sufficient to allow the privacy regulator to take enforcement action.

Read more on Bloomberg BNA.

Actually, no. If you haven’t done so already, first listen to the oral arguments (about 40 minutes, search for Docket 16-16270, LabMD, Inc., Petitioner v. Federal Trade Commission. You may well think, “WHOA….” when you hear the judges give the FTC a difficult time.

Then you can read the article.

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