FTC Data Security Guidance and Enforcement

This practice note discusses the FTC's data security guidelines and how to comply with them. The Federal Trade Commission (FTC) is one of the primary federal agencies tasked with regulating and protecting consumer privacy in the U.S. Under the FTC Act (the Act), Congress charged the FTC with protecting consumers against fraud, deception and unfair business practices, among other things, while not unduly burdening legitimate business activity. 15 U.S.C. §§ 41–58, as amended. Matters relating to consumer privacy are generally regulated under Section 45 of the FTC Act, which prohibits unfair and deceptive acts or practices. 15 U.S.C. § 45(a)(1).