Wyndham Worldwide V. Federal Trade Commission: The Developing Parameters of the FTC's Data Security Requirements

摘要

Given the consumer-centric function of the nature of FTC enforcement, it is no surprise that the enforcement foci orient toward addressing risks inherent in data beaches and privacy incidents. If it was ever true that companies were not expected to monitor enforcement and subregulatory guidance regarding privacy and data security, certainly such is not the case after Wyndham. Companies will need to monitor present and evolving reasonable security requirements, including applicable forms of cost benefit analyses, such as risk assessments. Likewise, companies will need to monitor the marketplace of ideas on maintaining best practices for privacy and information security.