Analysis

What To Watch As LabMD, FTC Square Off Over Data Security

Law360, New York (June 20, 2017, 10:49 PM EDT) -- LabMD and the Federal Trade Commission are set to go before the Eleventh Circuit on Wednesday in a pivotal case that will have a sweeping impact on the commission's ability to regulate corporate data security.

The yearslong battle reached the court last year, shortly after the heads of the FTC released an opinion in July 2016 that overturned their own administrative law judge. In that decision, the commissioners concluded that the lab's failure to employ "basic" security precautions led to an unauthorized disclosure of sensitive medical data that caused "substantial" harm to consumers in violation of the unfairness prong of Section...

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