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