Analysis

What Is 'Informational Injury'? The FTC Wants To Find Out

Law360, New York (December 8, 2017, 6:05 PM EST) -- The Federal Trade Commission is set to consider when a breach of consumers’ data becomes an “injury,” at a workshop companies and privacy hawks are watching for clues on what kinds of data breach lawsuits the agency will bring going forward.

Speakers at Tuesday's event at Washington, D.C.’s Constitution Center, including acting FTC head Maureen Ohlhausen, will grapple with defining when a data breach rises to the level of “informational injury” worth suing over.

The agency has pursued data security cases in the past by using its power to police “unfair and deceptive” practices under Section 5 of the FTC Act....

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