D. Reed Freeman, Nicole Ewart, Alexis Goltra
For the first time in its 105-year history, the FTC is comprised of an entirely new set of Commissioners, some with prior FTC experience, and some who have never previously served at the FTC. This group has asserted itself in new and meaningful ways, including with its series of 14 public hearings on Competition and Consumer Protection in the 21st Century, over nine months, ending in June 2019, which has created a record for the Commission to use in its enforcement and education missions, as well as for a possible report revealing fresh approaches to issues such as the meaning of “harm” in unfairness matters. In the meantime, the Commission has by no means remained idle. Its enforcement actions in privacy and data security matters has brought its highest fines ever — by orders of magnitude — and new, much more assertive, injunctive provisions, with individual and board-level responsibilities. Increasingly, some commissioners are also looking to hold individual officers of publicly-traded companies liable for corporate privacy and data security missteps. This theory, borrowed from the Sarbanes–Oxley Act, would be a new and powerful tool for the FTC. Meanwhile, while Congress is considering comprehensive privacy and data security legislation that would give the FTC new rulemaking powers and the ability, for the first time, to obtain civil penalties under Section 5 of the FTC Act, some recent court decisions have questioned the FTC’s authority to seek monetary relief in the form of redress under the FTC Act.
Learn what’s next for the FTC in this fast-paced environment of change, what the FTC’s current expectations are, and what remedies they are seeking in privacy and data security cases in this session.
D. Reed Freeman, Co-Chair, Privacy and Cybersecurity Practice Group, WilmerHale
Nicole Ewart, Counsel, Privacy and Cybersecurity Practice Group, WilmerHale
Alexi Goltra, Vice President, Legal & Chief Privacy Officer, Oracle Corporation
The Near Future of U.S. Privacy Law,
Remarks of Commissioner Rebecca Kelly Slaughter