Page 18 - Cyber Warnings

The goal of the task force is to encourage and clarify economic
reasoning on issues relating to the privacy and data security
marketplace. The task force seeks to better understand the markets for
consumer information, incentives for the various parties in that
marketplace, and how to quantify costs and benefits of different actions
that the FTC or others could take.

The task force’s ultimate work product has not yet been decided. There may be some overlap
with the third installment of the FTC’s multidisciplinary “PrivacyCon” series, scheduled for
February 2018.

The conference will have the same focus as the task force: the economics of privacy and, more
particularly, how to quantify the harms that result from companies’ failure to secure consumer
information and how to balance the costs and benefits of privacy-protective technologies and
practices.

While it is premature to speculate as to the task force’s ultimate findings, Chairman Ohlhausen’s
philosophy will, in the meantime, almost certainly influence which privacy and data security
matters are pursued.

While FTC watchers do not necessarily believe that enforcement will slow, many are of the
opinion that the Commission will be unlikely to proceed on an unfairness theory against a
practice that does not result in actual (not speculative) harm to consumers.

About The Author

Julie O’Neill is a partner in the Privacy + Data Security Group at global law firm
Morrison & Foerster, where she advises on cutting-edge issues at the intersection
of privacy and consumer protection laws.

She provides clients with practical solutions to compliance challenges around a
wide variety of privacy issues, including online and offline tracking, interest-based advertising,
geo-targeting and other mobile tracking, personalization, and cross-device tracking.

She also creates compliance programs for a wide variety of channels, including email,
telephone, text message, and fax. As a former FTC staff attorney, Ms. O’Neill regularly defends
companies in investigations by the FTC and before data protection authorities around the world.
She has been recognized as a “Next Generation Lawyer” by Legal 500 US 2017 in the area of
Cyber Law, including data protection and privacy.

She can be reached online at [email protected] and at www.mofo.com.

18 Cyber Warnings E-Magazine – July 2017 Edition
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