"We must act within the authority granted by Congress," Holyoak emphasized, highlighting concerns that the FTC's actions have begun to exceed its legislative mandate, which has sparked significant debate.
Holyoak criticized the FTC's approach, referring to it as "backdoor rulemaking," and argued that such strategies risk diluting the intent and effectiveness of policies that are meant to protect consumers.
The recent expansion of the Health Breach Notification Rule is a prime example of this overreach, as it now encompasses health apps and devices not originally covered by HIPAA, which Holyoak disagreed with.
Holyoak underscored the need for agencies like the FTC to maintain focus and not lose sight of their original purpose, indicating a divergence within the commission itself regarding regulatory authority.
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