As more states enact new data privacy regulations, legal professionals are recognizing the need for new solutions for protecting private information with the same priority given to protecting privilege.

Preventing the inadvertent disclosure of protected private information is more important than ever, but the task is difficult. Current regulations are simultaneously broad, complex, vague and underdefined. Emerging legislation serves many similar but sometimes very different purposes. These range from preserving an individual's most basic right to privacy by protecting their personally identifiable information and private health information to safeguarding children and consumer protection.

For all the intentions behind these regulations, there is minimal guidance about how to protect private information, and there is very little legal precedent to guide our practices. It was only in 2020 that we began to see the early court decisions that serve as legal precedent.