MONTH-IN-BRIEF (Jan 2020)
FTC Issues “New and Improved” Data-Security Orders
By Tim Wolfe, University of Washington School of Law
The FTC has made “significant improvements” to its data-security orders, according to a January 2020 blog post. The changes follow FTC Hearing #9: Data Security in December 2018, which addressed possible improvements to the FTC’s data-security orders, and the 11th Circuit’s 2018 decision in LabMD v. Federal Trade Commission, which found an FTC-proposed order was unenforceable for its “indeterminable standard of reasonableness.” The FTC referenced seven orders announced in 2019 that reflect these changes: ClixSense, i-Dressup, DealerBuilt, D-Link, Equifax, Retina-X, and Infotrax.