United States:
Eleventh Circuit Finds FTC's Order To Implement Data Security Measures Unenforceable
09 July 2018
by
Daniel J. McLoon
,
Mauricio Paez
,
Richard Johnson
,
Jonathon Little
,
Todd McClelland
,
Jeff Rabkin
,
Olivier Haas
,
Lisa M. Ropple
,
Adam Salter
,
Michiru Takahashi
,
Undine Von Diemar
,
Jörg Hladjk
and
Anand Varadarajan
Jones Day
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On June 6, 2018, the Court of Appeals for the Eleventh Circuit
vacated the FTC's order directing a
laboratory services company to implement a variety of data security
measures. The FTC's initial order followed an investigation
into the alleged exposure of 9,300 consumers' personal
information on a file-sharing site. On appeal, the Eleventh Circuit
found the order unenforceable because it "does not enjoin a
specific act or practice" and instead mandates a
"complete overhaul" of the company's data security
program without sufficient specificity.
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