Emerging Technologies Law

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U.S. FTC's Hearing on Informational Injury

public hearing (CC0 Creative Commons)

The US FTC, agency in charge of cybersecurity and privacy is hosting a hearing on December 12, 2017 to discuss three major topics:

  1. “Better identify the qualitatively different types of injury to consumers and businesses from privacy and data security incidents;”
  2. “Explore frameworks for how the FTC might approach quantitatively measuring such injuries and estimate the risk of their occurrence;” and
  3. “Better understand how consumers and businesses weigh these injuries and risks when evaluating the tradeoffs to sharing, collecting, storing and using information.”

These topics will have a direct bearing on how plaintiffs in data breach litigations may prove injury to satisfy standing requirements as discussed here

Will monitor and update.