“Data privacy” refers to the relationship between the collection and dissemination of data and information. Because such information or data often contains personally identifiable information and other similarly sensitive information, several legal and political issues surround the control and potentially improper disclosure or usage of such data. Moreover, due to the reactionary and ever-changing nature of the laws and regulations that govern protection of such data and information, compliance with these laws often require companies to constantly reassess their internal and external procedures when dealing with these growing challenges.

Thanks to the advent of the Internet, search engines, and data mining, the potential for rapid collection and dissemination of personal data of individuals grows every year. While the Federal Trade Commission (FTC) does provide some guidelines regarding fair information practices, the regulations often fail to address every situation.

Data Privacy Law Compliance

Today, the range of data collected and disseminated electronically varies from simple collection of email addresses to more personal information such as medical records, requiring HIPAA compliance. Because tracking web user habits and information has proven invaluable to companies, the rights of the web user should be balanced against the companies’ interest in providing better or more tailored experiences for users.

Data Privacy Rights

As more companies take to the Internet to advertise and provide services, simple protections such as Terms of Use agreements and Privacy Policies should be included to provide legal protection to companies maintaining a web presence and other technologies like the Internet of Things (IoT). These policies generally provide legal notice to web users of their rights while affording companies basic legal protection.

Companies must note, however, that data protection laws and data privacy rights vary greatly from country to country. As such, we assist in navigating the confusing framework of legislation and regulations that govern the use of personal data. We draft legal agreements and advise on cost-efficient strategies that meet clients’ needs.

As a technology and data law firm, our technology and data lawyers can assist with advising on data privacy legal issues.  See our Technology & Data service line page for additional information about data privacy legal services.