Profs. Woodrow Hartzog and Daniel Solove have released a paper on the scope and potential of the Federal Trade Commission’s (FTC) data protection regulatory powers. “For more than 15 years, the FTC has regulated privacy and data security through its authority to police deceptive and unfair trade practices … Recently, the FTC’s powers for data protection have been challenged by Wyndham Worldwide Corporation and LabMD,” write Hartzog and Solove in the paper’s abstract. “These recent cases raise a fundamental issue, and one that surprisingly has not been well explored. How broad are the FTC’s privacy and data security regulatory powers? How broad should they be?” Editor’s Note: The IAPP Westin Research Center’s FTC Casebook includes more information on FTC privacy enforcement actions.
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