Analysis

FTC Facing Data Security Conundrum Post-LabMD

Law360 (June 7, 2018, 7:22 PM EDT) -- The days of the Federal Trade Commission requiring companies to carry out holistic data security overhauls to resolve government probes over privacy lapses are numbered, attorneys said Thursday after the Eleventh Circuit tossed a cease-and-desist order against a defunct cancer-screening lab for being too vague.

Ruling in the long-simmering case of LabMD, the three-judge appellate panel found on Wednesday that the FTC’s order directing the Georgia-based company to create and implement a variety of protective measures was unenforceable because its requirements were too broad. The FTC “says precious little about how this is to be accomplished,” the court said, noting that...

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