Privacy and Data Security Law: Cloud Computing, Security Breaches and More

Synopsis

Privacy and data security issues have become well-recognized concerns for every industry. They are key concerns and attorneys should be familiar with the general privacy principles and laws that apply in order to properly guide clients in any industry. In addition, as the cost and complexity of managing the ever increasing volume of data increases, many companies are considering migrating their services to “the cloud.” The presenters provide an overview of the hottest issues in privacy and security law, including cloud computing, security breaches, information security programs, advertising, industry-specific obligations, new and pending legislation and practical guidance to help any organization better manage its information gathering, dissemination and use practices.



Outline
    I. Privacy and Data Security
        A. Introduction of Topics
    II. Cloud Computing
        A. Overview
        B. Technology Model
        C. Why is the Cloud Good?
        D. Global Issues
        E. Liability Concerns
        F. Best Practices
        G. Cloud Q&A
    III. FTC Perspective
        A. Overview
        B. Data Breach in the Real World
        C. The Privacy Report
            1. How We Got There
            2. Purposes of the Report
            3. What Emerged?
                a. Privacy by Design
                b. Meaningful Choice and Transparency
        D. Do Not Track
    IV. Interactive Marketing
        A. Industry Perspective
        B. Legislative Update
        C. Collection and Use of Data
        D. Enhanced Notice
        E. Implementation Strategy
        F. Browsers and Do Not Track
            1. What’s Going On?
            2. Browser Implementations
    V. Internal Security Practices
        A. Overview of the Industry Environment
        B. Security Practices
        C. Federal Legislation
        D. Human Mistakes
        E. Five Key Principles
        F. Security Breach Notification Laws
        G. Social Media
        H. Wrap-Up
    VI. Corporate Privacy Concerns
        A. Topics for Discussion
        B. Privacy Rule Notices
        C. Security Rule
        D. State Laws
        E. FCRA
        F. Europe and Data Protection
            1. Standards for Data Protection
            2. Financial Services
    VII. Questions and Answers
        A. Opt Out and Do Not Track
        B. Mobile Marketing
        C. Encryption
        D. Spam

 



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The Association of the Bar of the City of New York

The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city’s lawyers addressing those improprieties. It called for the creation of a new bar association to “sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ....” More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a “gateway” to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members’ needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association’s highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers’ Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York’s neediest and uses novel approaches to address them, often involving community participation.





Speakers / Authors:

Photo of Gary A. Kibel

Gary Kibel
Davis & Gilbert LLP

Gary A. Kibel is a partner in the Technology, Digital Media & Privacy; Intellectual Property and Advertising, Marketing & Promotions Practice Groups of Davis & Gilbert. Mr. Kibel regularly counsels clients with respect to new media/advertising law; privacy and data security; and information technology matters.

Mr. Kibel advises interactive companies, advertising agencies, media providers and other commercial entities regarding transactions for interactive advertising, behavioral advertising, social networking, user-generated content, viral marketing, mobile marketing, gaming and other emerging products and services. In addition, Mr. Kibel also has extensive experience representing major wireless carriers in connection with cutting edge data, entertainment and information services.

Mr. Kibel is a Certified Information Privacy Professional (CIPP) and advises clients in many industries regarding privacy and data security issues, including, internal information security policies, contractual obligations and requirements, security breaches and incident responses, audits, cross-border data transfers and other matters in connection with an organization's collection, storage and use of data in all aspects of its business.

 

In addition, Mr. Kibel counsels both providers of information technology services and customers for such products and services regarding complex technology and intellectual property issues such as software and content licensing, enterprise technology implementations, consulting services, independent contractor relationships, outsourcing and development projects.

Mr. Kibel regularly conducts training sessions and provides internal presentations to both business and legal personnel on issues such as social media policies, privacy and information security practices and all hot topics in digital media.

Mr. Kibel earned his J.D. from Brooklyn Law School in 1999, his M.B.A. from Binghamton University in 1992 and his B.A. from Binghamton University in 1990, and is a member of the New York, New Jersey and Connecticut bars as well as a Certified Information Privacy Professional.

Photo of Leonard Gordon

Leonard L. Gordon
Federal Trade Commission

Leonard L. Gordon serves as the Director of the Northeast Regional Office of the Federal Trade Commission, where he supervises the investigation and litigation of both consumer protection and antitrust matters. Mr. Gordon joined the FTC in 2005 as a senior attorney, and, since joining the agency, he has led numerous antitrust and consumer protection investigations. He became the Assistant Director in August 2007 and the Director in March 2008.

Mr. Gordon also regularly speaks to legal, business and consumer groups on both antitrust and consumer protection topics. Mr. Gordon joined the FTC after 17 years as an associate and then a partner with the firm now known as DLA Piper, where his practice focused on antitrust, business tort and general business litigation and counseling.

Mr. Gordon graduated from the George Washington University Law School with honors in 1988.

Photo of Andrew Reiskind

Andrew Reiskind
Mastercard WorldWide

Andrew S. Reiskind is Privacy and Data Protection Counsel for Mastercard WorldWide. He is responsible for ensuring compliance with data protection laws on a global basis for MasterCard’s payment services business, as well as for the development of new information and payment products.

Mr. Reiskind’s prior positions includes being Chief Privacy Officer at Harte-Hanks, a global direct marketing services form, which provides call center, database marketing, fulfillment, and e-mail services to clients in the financial, pharmaceutical, and retail industries.

Mr. Reiskind is a graduate of the Columbia University School of Law and the University of Delaware.

Photo of Adam Turkel

Adam Turkel
Salesforce.Com

Adam Turkel is currently corporate counsel for Salesforce.com, Inc. He is responsible for negotiating global commercial deals for the industry leader in enterprise cloud computing solutions.

Prior to salesforce.com, Mr. Turkel worked as an associate in the Intellectual Property and Technology group at White & Case LLP advising startup and institutional clients on a wide variety of intellectual property and technology issues.

Mr. Turkel is a graduate of the Fordham University School of Law.

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Details

Course Code : 773110
Release Date : 3/18/2011 12:00:00 AM
Recorded Date : 3/18/2011
Length : 2hr 41min
Format Type : Video

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