A decision by the U.S. District Court for the District of New Jersey upheld the Federal Trade Commissionâs authority to regulate data security practices.
This is directly related to ALTA Best Practice #3 about Non Public Information.
The court denied Wyndham Worldwide Corporation’s motion to dismiss challenging the FTC’s authority to pursue unfair and deceptive trade practices claims arising from a cyber breach.
The FTC sued Wyndham and three subsidiaries in 2012 after hackers from Russia allegedly broke into its computer network and property management systems from 2008 to 2010. The hackers allegedly stole names, Social Security numbers and account numbers of over half a million of consumers. Fraudulent charges on the compromised accounts totaled over $10 million.
The commission alleged that Wyndham failed to employ reasonable data-security measures to protect the information from theft. It alleged there were several information-security problems at Wyndham hotels, including wrongly configured software, weak passwords and insecure computer servers. The complaint also said that Wyndhamâs published online privacy policy was âdeceptive.â
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N.J. District Court Upholds FTC Authority to Regulate Data Security