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« Social Engineering Rescues Long-Time Hostages | Main | Information Security and Privacy Education Lesson Fines And Court Penalty Judgments »

15 Actions/Penalties Brought By FTC Under GLBA + FTC Act

The FTC has long provided a great role model for other government oversight and enforcement agencies with regard to their activities in ensuring organizations follow data protection laws and also ensure organizations actually fulfill the promises they make within their published information security and privacy policies. It is too bad most of the other government agencies are not as diligent or nearly as effective in helping to ensure organizations sufficiently protect personally identifiable information (PII).

While doing some research today I compiled a list of the actions the FTC has taken, which I thought may be useful to some of you as well...

The FTC has brought 18 cases as data security actions since 2002

5 of the actions were brought under the Gramm-Leach-Bliley Act's (GLBA) Safeguards Rule:

  1. Sunbelt Lending Services Inc., 11/22/04
  2. Nationwide Mortgage Group Inc., 03/14/05
  3. Superior Mortgage Corporation, 10/3/05
  4. Nations Title Agency Inc. and Nations Holding Co., 05/15/06
  5. American United, 12/24/07

13 of the actions were brought under Section 5 of the FTC Act, for unfair and deceptive business practices:

  1. Eli Lilly and Co., 01/28/02
  2. Microsoft Corp., 08/12/02
  3. Guess.com, Inc., 06/23/03
  4. Tower Records, 04/26/04
  5. Petco, 11/22/04
  6. BJ'S Wholesale Club, 06/20/05
  7. DSW Inc., 12/5/05
  8. ChoicePoint, 01/30/06
  9. CardSystems Solutions, 02/27/06
  10. Guidance Software Inc., 11/20/06
  11. Life is Good, 01/21/08
  12. Goal Financial, 03/10/08
  13. ValueClick, 03/17/08


It is worth noting that in addition to these formal actions, the FTC has performed hundreds of investigations related to organizations having poor, lacking or misleading data protection practices. They have also indicated numerous times that they are planning to step up their actions.

Please let me know if there is any action taken by the FTC that I did not get onto this list!

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Posted by Rebecca Herold on July 7, 2008 10:31 PM |

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You might also be interested in the FDIC Enforcement Decisions and Orders site where you can search and find numerous other GLBA actions:

http://www.fdic.gov/bank/individual/enforcement/index.html

Posted by: Davi Ottenheimer | July 8, 2008 3:34 PM

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Rebecca Herold's Bio:

Rebecca Herold,CISSP, CIPP, CISM, CISA, FLMI, has been providing information security, privacy and regulatory assistance and services to organizations from a wide range of industries for over 18 years. Rebecca was instrumental in building the information security and privacy program while at Principal Financial Group, which was awarded the CSI Information Security Program of the Year Award in 1998. IT Security ranked Rebecca as one of the top 59 IT security influencers, and Computerworld put Rebecca their list of the 25 top privacy experts and on their list of the 9 best privacy consulting firms. Rebecca has been CPO for two consulting organizations, and has had her own information privacy, security and compliance business since 2004. Rebecca has written chapters for several books, dozens of articles, and has been writing a monthly privacy column for the CSI Alert newsletter since the beginning of 2001, and is working on her 11th book. Some of her other books include The Privacy Papers, Managing an Information Security and Privacy Awareness and Training Program, The Definitive Guide to Security Inside the Perimeter (Realtime Publishers), The Shortcut Guide to Improving IT Service Support through ITIL (Realtime Publishers), and The Practical Guide to HIPAA Privacy and Security Compliance. In addition, Rebecca is the leader of The Realtime IT Compliance Community where she posts to her IT Compliance weblog. You can contact Rebecca at: rebecca_herold@realtimepublishers.net.