The Federal Trade Commission’s notice last week about its plan to crack down on health care companies that use customer data for marketing signals legal warfare to come.
That’s according to the legal experts Ben consulted.
The plan to use a 14-year-old cybersecurity rule “really is pushing the envelope,” said Kirk Nahra, a privacy attorney at law firm WilmerHale.
He added: The agency is “retroactively” looking to “revise the rule to fit enforcement actions that it has already taken.”
Nahra expects plenty of comments about the notice’s scope — at this point, it remains a proposal, not a final rule — and potential legal challenges if the FTC doesn’t scale it back.
“They are 100 percent right that health data … does need more comprehensive privacy regulation, but I’m not sure FTC has been