In the latest installment of the FTC v. Wyndham case, the Third Circuit Court of Appeals is set to determine the scope of the agency’s authority over unfair trade practices in the arena of cybersecurity. On March 27, the Federal Trade Commission (FTC) and Wyndham Worldwide Corp. filed supplemental briefings presenting arguments on whether the FTC has declared that unreasonable cybersecurity practices are unfair and, assuming the FTC has not determined that unreasonable cybersecurity practices are unfair, whether the federal court can hear a data security challenge brought under Ssection 13(b) of the FTC Act. IAPP Westin Fellow Arielle Brown analyzes the arguments on each side in this exclusive for The Privacy Advisor.
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