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Daily Dashboard | How FTC litigation has changed congressional oversight Related reading: Notes from the IAPP, Sept. 18, 2020


"Close followers of the cases FTC v. Wyndham Worldwide Corp. and In the Matter of LabMD know that the litigation has prompted increased congressional oversight of the Federal Trade Commission’s data security enforcement practices," writes Hogan Lovells' Jared Bomberg for Privacy Tracker. Prior to the two cases, congressional inquiries typically focused on the length of time of FTC settlement agreements; however, after Wyndham and LabMD, senators have questioned how the FTC interprets its Section 5 statutory authority in the context of data security enforcement actions, its notice standards and more. While one could point to politics as a reason for this shift, Bomberg writes, "these activities are clear attempts to alter the commission’s data security enforcement path," and stakeholders will want to pay attention.
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