News, Developments, and Insights

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5 Key Quotes from the FTC v. Wyndham Decision on Data Security

5 key points ftc wyndham blog 1

by Daniel J. Solove

This post was co-authored by Professor Woodrow Hartzog.

The long-awaited federal district court opinion in FTC v. Wyndham was finally released last week. The U.S. District Court for the District of New Jersey rejected Wyndham’s arguments that the FTC lacks the authority to regulate unfair data security practices, that the FTC is required to issues rules before bringing an unfair data security complaint, and that the FTC failed to provide fair notice of what constitutes an unfair data security practice.

I blogged about the case here last week.

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Duties When Contracting with Data Service Providers

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by Daniel J. Solove

In the world of data protection, it’s an old story: Personal data gets shared with a third party data service provider, and then something goes wrong at the provider.

Whose fault is it? The organization that shared the personal data with the vendor certainly has responsibility, as organizations are generally responsible for the actions of their independent contractors. But even though an organization might have to pick up the tab, it can still put all the blame on the vendor.

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