Privacy and Data Security Law Definition
Privacy and Data Security lawyers guide organizations through a broad range of privacy and data governance issues arising from the collection, use, and disclosure of personal information. Personal information includes any information that is about an identifiable individual, including information that could be combined with other information to identify an individual. The practice encompasses electronic data as well as data in traditional forms. Lawyers advise in multiple sectors, including the private for-profit sector, the health care sector, governmental organizations, and the non-profit and charitable sectors.
Privacy and Data Security lawyers provide preventative compliance guidance, business transaction support, and regulatory, litigation, and dispute resolution advice across many different sectors. Preventative compliance guidance includes assessing compliance gaps in policies and procedures, creating information collection and use models, assessing legal requirements for security safeguards to protect data, conducting privacy impact assessments for new products and programs, and developing management compliance programs that meet or exceed industry standards and government requirements.
Privacy and Data Security lawyers also provide expert advice regarding privacy and data security issues during business transactions (mergers and acquisitions, outsourcing, secured lending, etc.), public-private partnerships, and inter-governmental sharing, including with respect to compliance due diligence, representations and warranties, indemnities, and limitations of liability. Practitioners assist in developing programs for the orderly and lawful transfer of data in connection with business transactions, partnerships and lawful sharing programs. As information travels across national boundaries, Privacy and Data Security lawyers provide guidance on data residency requirements, obligations when transferring information, and risk management. The practice involves negotiating data transfer provisions in larger scale commercial transactions and cloud services.
In addition, Privacy and Data Security lawyers are key advisors when breaches of security safeguards occur and in responding to complaints and regulatory investigations. Privacy and Data Security lawyers advise on mandatory breach reporting to regulators and individuals, manage privilege in forensic investigations, and provide representation during any subsequent regulatory investigations, complaints, and litigation.
Privacy and Data Security lawyers also assist clients in responding to law enforcement requests, data subject information access requests, freedom of information requests, as well as complaints, regulatory investigations, and court actions.
Practitioners ranked in this area have demonstrated expertise in understanding privacy law, regulator priorities, international developments, and industry best practices. These practitioners demonstrate business acumen by providing practical advice in an area that is constantly developing.
Timothy Banks, Partner and Canadian Leader of Dentons’ Global Privacy and Data Security practice and Privacy Officer for the Firm’s Canada Region
Dentons Canada LLP
