Trends in Privacy and Data Security Breaches

As large-scale security breaches at major companies captured headlines in 2014, lawmakers in the US and abroad remain active on both the regulatory and enforcement fronts.

Large-scale security breaches involving national retailers commanded the headlines and spurred private litigation over when an individual has standing to bring a lawsuit following a data breach. Privacy and data security issues are also becoming increasingly relevant beyond web browsing as mobile device adoption accelerates, smart technologies are deployed in more everyday devices and the data collected for targeted advertising moves past browser cookies to allow for tracking across multiple devices and platforms.

Recognizing the need to ensure that privacy and data security protections remain effective as data collection capabilities evolve, lawmakers in the US and abroad have been active on both the regulatory and enforcement fronts. This trend is likely to continue as technology and consumer behavior combine to enable the collection and analysis of increasing amounts of detailed information about individuals.

Companies must understand how the dynamic legal framework governing this area applies to their businesses and ensure their policies and procedures are compliant. This article will address:

  • The regulatory framework governing privacy and data security in the US.
  • Federal Trade Commission (FTC) and other federal and state regulatory activity.
  • The advertising industry’s efforts to self-regulate online behavioral advertising activities.
  • High-profile privacy and data security litigation.
  • Recent and proposed federal and state legislation.
  • Noteworthy cybersecurity developments from regulatory authorities and the private sector.
  • Selected international developments that may be significant for US companies.

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Republished with permission of Practical Law.
Originally published on Friday, April 3, 2015
339 views at time of republishing

Jeffrey Neuburger

Jeffrey Neuburger is a partner, co-head of the Technology, Media & Communications Group, a member of the Privacy & Data Security Group and editor of the firm’s New Media and Technology Law blog. Jeff’s practice focuses on technology, media and advertising-related business transactions and counseling, including the utilization of emerging technology and distribution methods in business. For example, Jeff represents clients in online strategies associated with advertising, products, services and content commercialized on the Internet through broadband channels, mobile platforms, broadcast and cable television distribution and print publishing. He also represents many organizations in large infrastructure-related projects, such as outsourcing, technology acquisitions, cloud computing initiatives and related services agreements. Prior to practicing law, Jeff began his career working in the information technology field. He completed General Electric Company’s two-year Information Systems Management Program and spent an additional four years in Information Systems Management at GE Capital. His undergraduate degree is in computer science and applied mathematics. Jeff has been recognized as a leading technology lawyer in various publications and directories.

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