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The Impact of LabMD vs. FTC Appellate Court Ruling

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The Impact of LabMD vs. FTC Appellate Court Ruling How Will the Decision Affect the Agency's Data Security Enforcement Activities? Marianne Kolbasuk McGee (HealthInfoSec) • June 7, 2018

What impact will an appellate court's ruling Wednesday that vacated the Federal Trade Commission's data security enforcement action against LabMD have on the agency's long-term enforcement activities? Regulatory experts are weighing in.

See Also: How to Keep Your Endpoints Safe from Cybercrime

For example, attorney Julie O'Neill, a partner at the Washington office of the law firm Morrison & Foerster, predicts that as a result of the court's decision, defendants likely will challenge any FTC order that lacks specifics about the type of security remedies the agency wants a company to implement

"The FTC has historically shied away from specifying particular security measures a company should take to avoid running afoul of Section 5 [of the FTC Act], given how quickly technology...(continued)

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