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The increasing number of high profile security breaches has drawn an unprecedented level of attention to this area of the law. This has translated into an equally unprecedented level of legislative action, in an attempt to address public concerns raised by these incidents.
Not too long ago, there were relatively few privacy and security laws in the United States. Most of these laws applied only to companies in the health care and financial sectors. Now, the number of current and proposed laws is staggering, and many apply (or will apply) to companies in all industries. At this rate, we may soon see the day – if we have not already – when every company receives, handles or stores some form of protected information on a daily basis.
Compliance with these laws is as much an economic reality as it is a legal one. In addition to regulatory fines and penalties, companies who fail to comply also face the prospect of costly litigation, class action lawsuits, and damage to their reputation. However, compliance is no simple matter. The rules in this area are complex, vary from one jurisdiction to the next, and change rapidly. Companies exploring international markets find that the laws of these jurisdictions are vastly different than our own, and in some cases even bar business activities that are lawful when conducted in the US.
Our privacy and security counsel formerly served in the U.S. intelligence community, the Department of Justice, and as in-house counsel to a renowned corporate security firm. In addition to being well-versed in this area of the law, we are also supported by a cadre of highly skilled network and forensic computer consultants who enable us to assist clients with both the legal and practical issues posed by these laws.
In select cases, we also leverage our understanding of these laws to protect the privacy of individuals. For an example of such cases, please see our case study on “Fictitious Internet Profiles and Personas”.