How To Interpret The FTC’s Vague Data Security Standards

The Federal Trade Commission has pursued dozens of companies for failing to adhere to reasonable data security standards, but nowhere has it provided a clear and systematic account of what the agency deems reasonable. In this Today’s General Counsel article, attorneys Judith A. Archer and Jami Mills Vibbert from Norton Rose Fulbright outline strategies for addressing this increasingly pressing dilemma. They review FTC settlement orders, speeches and testimony in order to understand the agency’s approach – including what it has deemed unreasonable – in order to formulate practical guidance for companies setting up their own data security program.