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Tips for Preventing Privacy and Data Breach Suits

By Sheila Millar & Tracy Marshall on January 8, 2015
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As we discussed in the Privacy Class Action Claims on the Rise post from December 17, 2014, the number of privacy class action claims is trending upwards, along with all things privacy-related.  Some of the breaches and other big media stories could have been avoided, while others were unavoidable for the businesses at issue.  Either way, though, businesses are now on notice that they have precious data, data that customers care about and that hackers want.  So what’s a responsible business supposed to do to protect against privacy and security claims?

  1. Prevent them.  Set up a robust privacy and data security regime.  Plan for privacy – technically and legally – from the start.  Understand what you are collecting and adopt procedures to safeguard data.  How to do this varies depending on context:
    1. Build privacy and security into your app or website, collecting only the information that you need and establishing mechanisms to protect the data appropriate to the sensitivity of that data.
    2. Train your employees on best practices.
    3. Stay up to date with developments and thinking on privacy and security.
  2. Plan for them.  Know what you’re going to do when a breach happens, whether it’s someone inside or outside your shop that causes it.  Know who you’re going to hire to investigate.  The team that’s going to meet to plan next steps?  They should already be meeting.
  3. Get real with them.  The people affected by the privacy issue, if we’re talking about a breach, need to know promptly.  Legal obligations aside, people expect to know fast, and they may need to know to prevent fraud and secure themselves in the future.  It’s difficult to balance transparency and confidentiality when you’re in the heat of the forensic evaluation, but you should realize that consumers – and the plaintiffs’ lawyers who represent them – are increasingly expecting disclosure, fast.

In this connected age, the best businesses understand the importance of privacy and security.  But companies live in a world where their databases are under attack by weekend hackers showing off their skills, cyber-criminals, and even state-sponsored terrorists, where technology changes at breakneck speed, and where budget approvals are a corporate reality.  So remember to expect the unexpected and include some fire drill planning in the mix. 

Photo of Sheila Millar Sheila Millar

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has…

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.

Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.

Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law “Lawyer of the Year” 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.

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Photo of Tracy Marshall Tracy Marshall

Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.

Tracy assists clients with compliance and advocates on their behalf. She …

Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.

Tracy assists clients with compliance and advocates on their behalf. She is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals (IAPP) and helps clients implement privacy, data security, and security breach response programs, develop internal and public-facing privacy policies to comply with applicable laws, respond to cyber and data security incidents, and manage relationships with service providers and third parties. Tracy advises on structuring and conducting email and text messaging campaigns, sweepstakes, contests, and other promotions, and she helps clients protect and enforce their intellectual property rights.

In addition, Tracy counsels clients on corporate matters and assists with structuring and negotiating a variety of transactions, including licensing, marketing, and outsourcing arrangements.

Tracy is frequently invited to speak at privacy, data security, telecommunications, and advertising conferences and is a contributor to Keller and Heckman’s Consumer Protection Connection blog and Beyond Telecom Law Blog.


To learn more about Tracy’s practice areas, click here.
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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Consumer Protection Connection
  • Organization:
    Keller Heckman
  • Article: View Original Source

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