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Kirk Nahra Discusses FTC Data Security Guidance Released in June

The Privacy Advisor
August 10, 2015

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in an article published August 6 by The Privacy Advisor about guidance released in June by the Federal Trade Commission (FTC).

The article noted that in the FTC v. Wyndham case—which is still pending in court—Wyndham Worldwide Corporation is challenging whether the FTC has the authority to regulate data security.

“If they had come out with this document 10 years ago, Wyndham wouldn’t be able to say, ‘We didn’t know what you were talking about,’” Mr. Nahra said of the FTC guidance. He added that such a document could be seen as somewhat harmful to the FTC’s case in that, ostensibly, the courts could look at the FTC and say, “If you’d done this before, we couldn’t be having this Wyndham discussion.”

To read the full article, click here.