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Customer Data Breach Began in 2005, TJX Says




Customer Data Breach Began in 2005, TJX Says
Customer Data Breach Began in 2005, TJX Says



http://www.washingtonpost.com/wp-dyn/content/article/2007/02/21/AR2007022102039.html 

By Ellen Nakashima
Washington Post Staff Writer
February 22, 2007

Retail giant TJX, whose stores include discount clothing chains T.J. 
Maxx and Marshalls, said yesterday that a computer-security breach 
stretched back 10 months earlier than the company originally thought, 
compromising credit and debit card data, drivers' license numbers, and 
names and addresses.

The announcement underscores a trend of security breaches involving 
sensitive credit card data and reflects failures to properly secure 
computer systems, to notify customers when breaches occur and to update 
laws for the cyber-crime age, lawmakers and analysts said.

TJX said that while it first thought the intrusion took place from May 
2006 to January 2007, it now thinks its computer system was also hacked 
in July 2005 and on "various subsequent dates" that year. The company, 
which reported the intrusion in January -- a month after it said it 
discovered the breach -- has not said how many customers may have been 
affected or how many customers it has notified.

"We don't have a number for you there. Our work is not finished," 
spokeswoman Sherry Lang said yesterday. More than 50 computer experts 
are helping TJX investigate the breaches, she said.

Banks that issued the credit cards have not said how much they have had 
to cover in fraud-related losses.

More than 30 states have laws that require companies to notify customers 
as soon as possible when a breach has occurred, though most of the 
statutes let companies delay notification while law enforcement agencies 
investigate. A bipartisan group of senators has reintroduced legislation 
that would mandate customer notification and require companies that 
maintain personal information to establish internal policies to protect 
it.

"Americans live in a world where their most sensitive personal 
information can be accessed and sold to the highest bidder, with just a 
few keystrokes on a computer, yet our privacy laws haven't kept pace," 
Sen. Patrick J. Leahy (D-Vt.) said in a statement when the legislation 
was reintroduced this month.

The credit card industry has set up rules for data protection called the 
Payment Card Industry Data Security Standard. They include encrypting 
transmission of cardholder data, regularly testing security systems and 
processes, and restricting access to data to those with a "need to 
know."

But most large retailers have not complied with the standard, and 
noncompliance is about 80 percent among smaller retailers, said Avivah 
Litan, an analyst with Gartner, an information technology research firm.

Litan said the retailers are not solely to blame. "It's a collective 
problem with collective responsibility," she said. "Certainly the 
retailers have to tighten up their systems, but the banks have to 
strengthen cardholder authentication so even if the data is stolen, it's 
useless."

Security breaches are difficult to quantify accurately. The Privacy 
Rights Clearinghouse, a nonprofit research and advocacy group in San 
Diego, said more than 100 million records of U.S. residents have been 
exposed by security breaches since February 2005.

The privacy group and the nonprofit Identity Theft Resource Center, also 
in San Diego, found that the majority of breaches they have tracked in 
the past few years occurred in government, the military and 
universities.

One of the biggest breaches occurred in 2005, when 40 million credit 
card numbers, along with name and account information, were exposed by 
hackers who broke into CardSystems Solutions, a credit card processing 
center that handled transfers of payments between the banks that issue 
credit cards and the merchants' banks.

Retailers often keep more data than necessary to process transactions, 
Litan said. They also keep information longer than necessary, she said.

"The CEOs and senior managers of most retailers that are storing data, 
like TJX, have no idea they're storing that data," Litan said. "It's 
basically a legacy of old systems programming." Many retailer systems 
were built in the 1970s and '80s, before there were hackers.

Many banks are frustrated because they are "left having to pay for the 
mistakes of retailers," to cover reissuing cards and any losses due to 
fraud, said Nessa Feddis, senior federal counsel for the American 
Bankers Association.

"Retailers are not protecting the data," she said. "It's not a question 
of notification. It's a responsibility to protect the data."

The bankers typically do not know the scope of retailer breaches because 
of confidentiality agreements between the retailers and the issuing card 
companies, such as Visa and MasterCard.

In Massachusetts, where TJX is headquartered, the Massachusetts Bankers 
Association stopped surveying its members in connection with the TJX 
breach after more than 30 banks were alerted by Visa and Master Card 
that their cards had been compromised by the TJX intrusion, association 
spokesman Bruce Spitzer said.

TJX operates more than 2,400 stores in the United States, Canada and 
Europe. They accept Visa, MasterCard, American Express and Discover 
credit cards.

The company reported yesterday that same-store sales in the fourth 
quarter rose 5 percent from the comparable quarter a year earlier. The 
quarter ended Jan. 27, 10 days after the breach was disclosed.

TJX, which is being sued by customers and banks, also reported that it 
spent $5 million in the fourth quarter to cover costs of the 
investigation, enhance computer security and communicate with customers.

Fourth-quarter profit fell 29 percent, to $205.5 million. Sales rose 9 
percent, to $5.1 billion. For the full fiscal year, TJX profit rose 7 
percent, to $738 million. Sales rose 9 percent, to $17.4 billion.

Copyright 2007 The Washington Post Company


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