[Dataloss] TJX breach shows that encryption can be foiled

[Donald Aplin]

Section 5 of the FTC Act does NOT provide for any fines
against companies for data security breaches.  CardSystems
was not fined a penny in the settlement with FTC, nor was
DSW in its settlement, nor BJ's before that.The presence of
an independent  Fair Credit Reporting Act claim in the
ChoicePoint action allowed for the imposition of a $10
million fine.


Donald G. Aplin
Legal Editor
BNA's Privacy & Security Law Report
(202) 452-4688