Privacy & Security
Data privacy and data security regulatory compliance is one of the most challenging issues facing business today. Fast-changing technology, shifting customer attitudes, intense media scrutiny, new laws and evolving business models combine to make privacy high risk. Alston & Bird’s privacy and data security attorneys and public policy advisors represent a multidisciplinary team with the depth and breadth of experience, knowledge of the law and vision to help clients transform the power of information into value for shareholders and customers. These attorneys help clients at every step in the information life cycle, including strategic advice, business policy implementation, transactional matters, public policy and legislative issues and litigation.
EXPERIENCE
Privacy and security concerns challenge clients’ ability to achieve their strategic objectives and as the pace of globalization increases, companies are confronting a multitude of laws around the world protecting customer and employee privacy. Alliances and joint marketing arrangements challenge old notions of information ownership and control of the customer relationship. Since information is often a business’s most important asset, a data protection strategy is essential to preserving shareholder value. Alston & Bird provides strategic advice to help clients ranging from Internet start-ups to Fortune 100 companies identify and prioritize their objectives regarding the collection, use and protection of customer information.
PRACTICAL APPROACH
When working with clients, we recognize the importance of applying practical solutions. We acted as outside counsel to the privacy steering committee of one of the largest insurers in the world, with operations in all 50 states and international jurisdictions. We represent one of the preeminent transportation companies in the world in all phases of its privacy program, including advising its policy development committee, extensive worldwide due diligence and reconciliation of dozens of foreign laws in every region of the world. We also represent one of the largest outsourcing service providers in the world in all phases of its privacy program on a global basis, including structuring and advising on data management and international data flows, and negotiations with numerous data protection authorities in Europe regarding the treatment of personally identifiable information.
EXPANSIVE RANGE OF SUPPORT
Consumer concerns over the privacy and security of information, as well as government responses to the threat of terrorism, have combined to place a new emphasis on the lawful collection and sharing of information and the protection of sensitive personal information of citizens. Our attorneys and policy advisors counsel clients and participate in public policy debates with regulators and lawmakers. With the worldwide impact on data management, we provide clients with up-to-date privacy and security developments in Asia, Europe and Latin America, with interpretations and analysis to support our clients' overseas operations.
BUSINESS AND DATA MANAGEMENT
Every company, regardless of industry or business model, needs policies to guide the use of personal information and the safeguarding of data, and we help business managers develop customer and employee privacy policies and data management policies that satisfy their legal compliance requirements and fit the company’s business model. And we work with the client to develop the systems, procedures, and training to make privacy and data security operational.
MANAGING RISK
Privacy and security litigation is a rapidly growing problem. Regulators and enforcement authorities, including the Federal Trade Commission and state attorneys general, continue to bring new privacy and security enforcement actions, and the plaintiff’s bar is discovering the potential for large-dollar awards. We have litigated and counseled clients in cases involving forged emails, denial of service attacks, hackers and unauthorized access and counterfeit Web sites.