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Kirk Nahra Discusses Wyndham’s Settlement With FTC in Data Breach Case

Bloomberg BNA’s Privacy and Security Law Report  
December 17, 2015

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a December 9 Bloomberg BNA article about Wyndham Worldwide Corp.’s settlement of Federal Trade Commission (FTC) charges that lax data security practices exposed the payment card information of hundreds of thousands of consumers. Without admitting to the FTC’s allegations, Wyndham agreed to establish a comprehensive data security program as part of the settlement, according to the article.

“This settlement brings to a close one of the two open challenges to the FTC’s core authority on data security,” Mr. Nahra told BNA’s Privacy and Security Law Report. The second challenge stems from an FTC data breach suit against LabMD Inc.

The settlement with Wyndham will “continue to embolden the FTC to pursue its agenda on data security” and push a “broader range of companies to make sure that they are building data security programs that are consistent with the FTC’s by-now well established standards,” Mr. Nahra said.