O n April 7, Judge Esther Salas in Newark, in FTC v. Wyndham Worldwide, ruled that the Federal Trade Commission could pursue a claim that a company's failure to have adequate data security measures is an unfair trade practice. In its recent brief on appeal, the FTC made clear that it is not backing down. The agency believes that data security is a basic responsibility of any company that accepts consumer personal information, and that savvy companies should heed Wyndham's lessons.
In the United States, there is no single privacy and data security law of general applicability. There are, however, many federal and state laws that impose obligations on a wide number of different actors.
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