PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Third Circuit Upholds FTC’s Data Security Authority in FTC v. Wyndham

Posted on August 25, 2015 by pogowasright.org

I tend to cover these issues more over on DataBreaches.net, but this appellate opinion from the Third Ciricuit is so significant that it needs to be mentioned here, too.

Caleb Skeath writes:

The Third Circuit released its decision in FTC v. Wyndham Worldwide Corp. earlier today, affirming the district court’s decision that the FTC has the authority to regulate companies’ data security practices under the “unfair practices” prong of Section 5 of the FTC Act.  The highly anticipated precedential opinion dismissed Wyndham’s arguments that the FTC lacks the authority to regulate cybersecurity practices, finding instead that neither Congressional legislation nor the FTC’s prior statements contradicted the FTC’s attempts to assert its cybersecurity powers.  The court also held that Wyndham received fair notice of the potential application of the unfairness standard under Section 5 to data security practices, rejecting Wyndham’s argument that it should receive notice of which specific cybersecurity practices are required to satisfy the Section 5 standard.  Finally, the court held that the FTC sufficiently alleged a “substantial injury” to consumers, as required under Section 5’s unfairness prong.

Read more about the opinion on InsidePrivacy.

Category: BreachesBusinessCourtFeatured News

Post navigation

← White House support for CISA worries privacy advocates
EU Privacy Law May Require Individual Third Party Consent for Sale of Customer Email Lists →

Now more than ever

Search

Contact Me

Email: [email protected]

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • Widow of slain Saudi journalist can’t pursue surveillance claims against Israeli spyware firm
  • Researchers Scrape 2 Billion Discord Messages and Publish Them Online
  • GDPR is cracking: Brussels rewrites its prized privacy law
  • Telegram Gave Authorities Data on More than 20,000 Users
  • Police secretly monitored New Orleans with facial recognition cameras
  • Cocospy stalkerware apps go offline after data breach
  • Drugmaker Regeneron to acquire 23andMe out of bankruptcy

RSS Recent Posts on DataBreaches.net

  • Texas Doctor Who Falsely Diagnosed Patients as Part of Insurance Fraud Scheme Sentenced to 10 Years’ Imprisonment
  • VanHelsing ransomware builder leaked on hacking forum
  • Hack of Opexus Was at Root of Massive Federal Data Breach
  • ‘Deep concern’ for domestic abuse survivors as cybercriminals expected to publish confidential abuse survivors’ addresses
  • Western intelligence agencies unite to expose Russian hacking campaign against logistics and tech firms
©2025 PogoWasRight.org. All rights reserved.