FTC Director Jessica Rich Discusses Privacy And Data Security At Bakerhostetler Symposium

On February 26, 2015, Jessica L. Rich, Director of the Bureau of Consumer Protection at the Federal Trade Commission, spoke at the BakerHostetler Symposium on Section 5 of the FTC Act on how the FTC approaches privacy and data security. Director Rich's comments on this subject were particularly timely, with the Third Circuit poised to hear argument in March regarding the FTC's authority to challenge the reasonableness of an organization's cybersecurity practices under the unfairness prong of Section 5.

Director Rich's presentation echoed many familiar themes that the FTC has emphasized in its privacy and data security enforcement and education efforts over the last several years. Director Rich began her remarks by stating that Section 5 of the FTC Act grants flexibility to the FTC in addressing the rapidly changing economy. Pursuant to Section 5 of the FTC Act, the Commission seeks "prevent persons, partnerships, or corporations [under the FTC's purview] . . . from