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Last week, FTC v. Wyndham, a privacy case that commands the close attention of thousands of privacy professionals worldwide, challenging a decade of escalating Federal Trade Commission activity in the field of data security, went to oral arguments on the defendant’s motions to dismiss. Wyndham Worldwide Corporation was charged in June 2012 for “unfair and deceptive acts and practices” arising from alleged data breaches in its franchisees’ computer systems. In this exclusive for The Privacy Advisor, IAPP Westin Fellow Kelsey Finch examines this case, where the company is disputing whether “its failure to safeguard personal information caused substantial consumer injury,” and perhaps more importantly, whether the FTC even has the authority to regulate data security.
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