Emerging Markets Law

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3d Circuit Wyndham Decision Will Be Counterproductive

Posted In Due Process, Litigation, Political Philosophy, Privacy, Risk Avoidance, Risk Management

The 3d Circuit Court of Appeals in Federal Trade Commission v. Wyndham Worldwide Corporation, in a decision filed August 24, 2015, ruled that the Federal Trade Commission (the "FTC") by virtue of Section 5 of the FTC Act, has jurisdiction over the data security practices of corporations that collect and use the personal data of their cases.

Consumer advocates have celebrated the case as a win for consumers. I fear it will have the opposite effect.

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