Privacy and Data Security

Our multidisciplinary Privacy and Data Security team counsels clients along the entire privacy and data security spectrum, including pre-breach preparation and risk management, security and vulnerability assessments, policy and procedure creation and review, breach response planning and drills, table-top exercises, as well as board and management education on reducing cyber risk. 

Industry-leading qualifications
The head of our team, F. Paul Greene, is recognized by the International Association of Privacy Professionals (IAPP) as a Certified Information Privacy Professional/United States (CIPP/US), the global gold standard for privacy professionals. In addition, he is a Distinguished Fellow of the Ponemon Institute, the pre-eminent research center dedicated to privacy, data protection and information security policy. Since 2015, Paul has been ranked by Chambers USA in the field of Litigation and he has been selected by his peers for inclusion in The Best Lawyers in America© in the field of Privacy and Data Security Law. Paul is backed by a team of exceptionally qualified attorneys, with experience at Am Law 100 firms, judicial clerkships, and handling high-stakes litigation.

Deep industry experience
We are trusted privacy and data security advisors to organizations of all sizes—from start-ups to Fortune 100 corporations—in numerous industries including retail, health care, financial services, defense manufacturing, critical infrastructure, information technology, software development and sales, higher education, not-for-profit organizations and more. This enables our team to provide deep insight across a number of regulatory spaces, giving our clients a broader view of how best to manage regulatory risk.

Efficiency, cost-effectiveness and plain talk
The deep knowledge of each of our team members allows us to provide robust analysis and advice, without multiple layers of review.  Moreover, clients tell us that we explain complex issues in a way they can understand, as we advise them on the full range of privacy and data security issues such as:

  • Breach notification requirements under federal and state laws
  • Compliance and reporting under federal and state laws
  • Privacy and breach notification policies
  • Data security/Privacy risk assessments
  • Preparing for and avoiding a data breach or loss
  • Incident response tabletop exercises
  • Contracts with data security and privacy concerns
  • Organizational readiness for a breach
  • Comprehensive privacy management programs
  • Crisis management and remediation in response to a data breach
  • Internal investigations arising out of a data breach, including interaction with law enforcement and regulators
  • Indemnification and insurance claims
  • Potential litigation related to data breaches
  • Transactional due diligence concerning privacy and data security
  • Health Insurance Portability and Accountability Act (HIPAA)
  • California Consumer Privacy Act (CCPA)
  • The EU’s General Data Protection Regulation (GDPR)
  • The NY SHIELD Act
  • 23 N.Y.C.R.R. Part 500
  • Health Information Technology for Economic and Clinical Health Act (HITECH)
  • Payment Card Information Data Security Standard (PCI-DSS)
  • Family Educational Rights and Privacy Act (FERPA)
  • Gramm-Leach-Bliley Act (GLBA)
  • Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA)
  • Fair and Accurate Credit Transactions Act (FACTA)
  • Freedom of Information Act (FOIA)
  • Fair Credit Reporting Act (FCRA)
  • Americans with Disabilities Act (ADA)

For immediate access to our Privacy and Data Security team and their deep connections with information security professionals, forensic investigators, crisis communication professionals, with maximum protection offered by the attorney-client privilege, call our Cybersecurity Incident and Breach Response Line at 1-800-232-3021

What We See On the Horizon

For our latest insights, please visit the HSE Privacy and Data Security Blog. Among the issues we are following:

California Consumer Privacy Act (CCPA)
The most comprehensive and far-reaching data privacy law yet enacted in the U.S., CCPA will take effect on January 1, 2020, with compliance obligations affecting businesses worldwide.  Many of these obligations are novel, creating new requirements regarding data protection, responding to consumers, and reporting to regulators.  HSE has developed CCPA and privacy management programs for clients in a number of industries including retail, financial services, adtech, information technology, and more.

State-Level Data Breach Notification Laws
All 50 states now have data breach notification laws – a web of sometimes conflicting regulations which can be difficult for companies to navigate.  Our Insights on State Data Protection Laws webpage contains information to educate you on potential applicability and the impact the patchwork of state requirements may have on your business, as well as a summary of each state’s notification laws.

Continued Reputation and Financial Risk Related to Privacy and Cyberattacks
Your regulatory obligations in the event of a breach depend on the types of data that hackers are able to access, and each generation of malware varies in the sorts of data it seeks to access.  Because we work continuously with data security experts, we stay up to date with current threats and can advise you quickly about your legal obligations in the event of a breach.

Privacy and Data Security Risks During COVID-19 Pandemic

Privacy and Data Security Risks During COVID-19 Pandemic

Laura K. Schwalbe Earns Distinguished Privacy Certification

Washington State Reconsiders Privacy Regulations

Deadline Change for New York State Cybersecurity Certifications of Compliance

New York Considers Expanding Privacy Laws and Consumer Data Protections

Privacy Law and Broken Robots: Public Hearings on CCPA Regulations Voice Concern

California Data Security Law to Have Widespread Impact

Experimentation in Privacy Law Leads to Increased Complexity

Emerging Attorney: Laura Schwalbe

California Legislation Changes the Data Privacy Game

Governor Cuomo Signs New York SHIELD Act Into Law: A Host of Breach Notification and Data Security Changes are Coming

SEC Identifies Cybersecurity Compliance Issues Following Examinations

Executive Forum: Big Data Analytics

Harter Secrest & Emery Partner F. Paul Greene Earns Distinguished Privacy Certification

Laboratories of Invention: NYDFS Reaches Out to Regulate Consumer Credit Reporting Agencies

SEC Publishes Updated Interpretive Guidance on Cybersecurity

F. Paul Greene Named Fellow to Premier Privacy and Data Security Institute

Harter Secrest & Emery Launches Cybersecurity Incident and Breach Response Line

Harter Secrest & Emery Unveils New Cyber Security Tools on Website

Disclaimer

This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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