In the rapidly evolving world of cybersecurity, one open issue is: Who is enforcing the laws that protect the public in a data breach? A federal court provided some guidance on this important issue when it allowed the Federal Trade Commission (FTC) to pursue a data security breach complaint against Wyndham Hotels (Wyndham). Attacking the FTC’s ability to even bring the complaint, Wyndham asked the court to dismiss the FTC’s complaint. While the court recognized maintaining privacy in a “digital age” is an “ongoing struggle,” it rejected each of Wyndham’s arguments that data security protection is outside the scope of the FTC’s authority. Denying Wyndham’s motion, the court allowed the FTC to bring claims under the Federal Trade Commission Act in the data security context.
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