Former FTC lawyer: Expect fewer data breach and privacy cases under Ohlhausen
The Federal Trade Commission’s new chairwoman will focus the agency on economic harm to consumers, meaning there will be fewer cybersecurity and privacy enforcement actions, a former FTC official says. “I think you’ll see a drop off in cases,” former FTC attorney Whitney Merrill told CyberScoop after a presentation she co-hosted at the DEF CON hacker convention in Las Vegas last week. “We can’t deny that’s true.” New Chairwoman Maureen Ohlhausen, a Republican, told a lawyers at conference earlier this year that under her leadership the agency will focus on “objective, concrete harms such as monetary injury” and eschew “speculative injury, or … subjective types of harm.” Most data breaches fall into that latter category. The agency pursues those cases as part of its mission to fight identity theft. “It’s hard to show economic harm,” in data security and privacy breaches, and there hasn’t been much research into it, said Merrill, now an attorney for video game publishers Electronic Arts. […]
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