Patricia Wagner Quoted in “FTC Debates Cybersecurity Injury Standard”

E-Commerce Times

Patricia M. Wagner, Chief Privacy Officer and a Member of the Firm in the Health Care and Life Sciences and Litigation practices, was quoted in the E-Commerce Times, in “FTC Debates Cybersecurity Injury Standard,” by John Higgins.

Following is an excerpt:

"Importantly, the ALJ opined that historically, liability for unfair conduct has only been found in instances where there is proof of actual consumer harm," said Patricia Wagner, chief privacy officer at Epstein Becker & Green, in a case analysis.

The ALJ held that the standard for what is likely to cause substantial injury "does not mean that something is merely possible. Instead, likely means that it is probable that something will occur," she noted, citing the decision.

"One of the striking things about the ALJ's opinion is his willingness and ability to parse through the evidence, understand what the studies presented demonstrated -- and failed to demonstrate -- and evaluate the circumstances in a well-reasoned manner. Rather than just assume that a breach automatically means that consumers would be harmed, he evaluated the facts and circumstances at issue in this case," Wagner told the E-Commerce Times.