Lawyers Say Privacy Challenges Are 'Here to Stay'
At a Columbia University event, speakers discussed the impact of the GDPR, the California Consumer Privacy Act of 2018 and the New York Department of Financial Services' influential cybersecurity regulations enacted in 2017, among other topics.
November 08, 2019 at 01:00 AM
4 minute read
The original version of this story was published on Corporate Counsel
Challenges facing organizations from new data privacy, protection and security regulations enacted around the world were discussed at a PrivSec New York, a two-day conference at Columbia University this week that was attended by hundreds of professionals, including in-house counsel and big firm attorneys.
"The age of privacy has arrived and it is here to stay," said Karima Noren, co-founder of The Privacy Compliance Hub and The Legal Pod in the U.K. who formerly was senior legal counsel and head of emerging markets at Google. Noren was once an associate at Ashurst, according to her LinkedIn bio.
Columbia Law School professor of law, science and technology Tim Wu, who spoke about the EU's General Data Protection Regulation, U.S. state laws and anticipated U.S. federal law on data privacy, said, "The level of public desire for privacy is very, very high."
Corporate executives, consultants and attorneys discussed the impact of the GDPR, the California Consumer Privacy Act of 2018 and the New York Department of Financial Services' influential cybersecurity regulations enacted in 2017, among other topics.
The patchwork of federal, state and local laws in the United States governing data breach notification and data protection in the absence of a comprehensive federal law in the U.S., and the compliance hurdles it presents for companies trying to comply and fend off litigation, was a recurrent theme among the various panels.
Unlike the GDPR, New York's cybersecurity regulations governing banks and insurance companies, for instance, do not include a provision for certifying standards for entities to prove compliance. "I wish there was," said F. Paul Greene, a privacy and data security chairman at Harter, Secrest & Emery in Rochester, New York.
Greene said that while New York's law has been influential and used as a model by the National Association of Insurance Commissioners as part of its model legislation, other states are varying from it enough to add more complexity.
Alan C. Raul, founder and leader of the privacy and cybersecurity practice at Sidley Austin in Washington, D.C., spoke of a "proliferation of agencies and enforcement actions" in the U.S., including by the Federal Trade Commission the "de facto privacy and security regulator," but also by the Securities and Exchange Commission, the Commodity Futures Trading Commission, the New York State Department of Financial Services, state attorneys general and other agencies. Raul said, "digital governance could be the next expectation" of boards of directors and senior executive leadership.
In fact, a key takeaway from the event was the need to instill privacy as a culture from the top of organizations including at the CEO and board of directors level. Several speakers noted that many companies approach the task of complying with the new rules around data privacy, protection and security as a project, when it actually is an ongoing responsibility requiring behavioral change throughout the organization.
"It is not a one-time project, it is a culture," said Noren.
Bill Schaumann, a privacy solutions engineer at WireWheel, a software company based in Arlington, Virginia, that provides software-as-a-service tools for tracking and safeguarding customer data, talked about the big change coming from the advent of the internet of things of interconnected devices, which is changing the nature of data being collected and stored from transactional data such as credit card purchases, to behavioral data about individuals and their activities.
Speakers also addressed the need for technology officers, information security officers and legal counsel and other executives to work together to address growing threats, instead of operating in silos.
The Data Protection World Forum, which organized the event, is based in London and offers information on privacy, security and data protection and hosts events in London, Dublin and the U.S. that are attended by more than 10,000 delegates. The New York event was its first in the states. Its online publications receive 50,000 visitors per month. Its launch director and founder is Nick James, who was previously senior vice president for a Daily Mail and General Trust acquisition in North America, according to the company.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Appellate Division Greenlights State Bar's Leadership Diversity Initiatives
- 2SEC’s Latest Enforcement Actions Fuel Demand for Big Law
- 3Sterlington Brings On Former Office Leader From Ashurst
- 4DOJ Takes on Largest NFT Scheme That Points to Larger Trend
- 5Arnold & Porter Matches Market Year-End Bonus, Requires Billable Threshold for Special Bonuses
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250