Anthony Pierce Quoted by Bloomberg BNA on Direction of FTC in Data Enforcement Matters

Bloomberg BNA has quoted Akin Gump litigation partner Anthony Pierce in the article “Trump’s Possible FTC Pick Likely to Uphold Data Security Agenda.” In the article, Pierce gives his thoughts on the direction the Federal Trade Commission might take should President Trump nominate Joseph Simons to lead it.

Pierce said the FTC has “an institutional commitment on data security as well as privacy” enforcement. If Simons is nominated and confirmed, he thinks the FTC is likely to “stay generally on the current path,” even if there are some minor changes in its approach.

“Data security and privacy are important issues to consumer and business alike,” Pierce pointed out, so the “agency as a whole will continue to focus on these issues.” He added that the FTC “will have no choice” but to focus on data security and privacy enforcement because the issues are constantly changing and impact the economy.

Meanwhile, Pierce said privacy and data security investigations or enforcement actions in the courts “aren’t likely to change,” because the FTC “has institutional procedures” that won’t change much if Simons is confirmed.

The FTC may have “fewer investigations, more realistic remedies,” and companies may have more of a voice, he noted, but businesses “should take all such investigations seriously and tailor their response as necessary.”