In 2018, 1,244 data breaches occurred in the U.S. with over 445.6 million records exposed with a cost of $654 billion. Lawyers make a promise to safeguard confidential client data when they enter into an attorney-client relationship. Today’s digital world means taking extra steps to ensure the security of data that lawyers text/email, save to the cloud, or otherwise electronically transmit. But what happens in the unfortunate event of a cyber-attack? Every state has a data breach notification statute that outlines when and how to notify individuals about compromised data. While this and other laws may apply, lawyers also have unique ethical duties to perform regarding data privacy. Failure to fulfill these ethical duties can result in disciplinary actions such as license suspension.
According to Interactive Advertising Bureau, U.S. firms spent nearly $19.2 billion on third-party audience data & data-use solutions in 2018, up 17.5% from 2017. One of many reasons why California’s new data security legislation, the California Consumer Privacy Act (CCPA), has generated a lot of buzz since its enactment in June 2018.read more
Australia has recently taken significant action in the realm of data security that will potentially have global impact. In December 2018, the Australian Competition and Consumer Commission (“ACCC”) released recommendations on ways big technology companies can improve data security.read more
Privacy was a hot topic throughout the U.S. in 2018. California lawmakers passed some groundbreaking legislation regarding consumer privacy and the Internet of Things (“IoT”). Several other states also began to address some important data privacy concerns. Additionally, lobbying for a federal privacy law increased. Below are some key privacy developments from 2018.read more