INFORMATION PRIVACY: DESCRIPTION

With the exponential growth of e-commerce and electronic data technologies, the collection, storage and transfer of personal and commercial data have never been easier. At the same time, the difficulties in securing that data and the risks from failing to do so, are growing at an equal pace.

Whatever the size or nature of your business, protecting the privacy and security of your customers, policyholders, patients, employees and visitors to your Web site demands your attention. Technological innovations that have dramatically increased productivity and the ability to identify and reach specific customers also create a host of legal questions that only now are being addressed by legislators, regulators and the courts.

The marketplace also has begun to respond to these complex questions with a series of self-regulating privacy and security initiatives designed to reassure privacy-minded individuals that their personal data are being used responsibly.

McKenna Long & Aldridge's Information Privacy practice group is composed of experienced lawyers from each of its departments and offices. This practice group, combining our firm's expertise in information technology, intellectual property, data and communications security and privacy with its capabilities in regulated industries and litigation, addresses the privacy and security needs of the e-business, health care, banking, food and drug and international communities. By joining lawyers with diverse backgrounds into a group specializing in privacy and security issues, MLA is able to offer your organization unparalleled expertise and industry know-how.

Fields of Expertise

The following topics are a representative, but not exhaustive, list of how we assist clients with the collection, maintenance, use and/or transmission of personal and commercial data. We bring our expertise to help our clients protect their electronic data and enhance their profitability by implementing adequate risk management protocols, drafting appropriate contract provisions, conducting compliance reviews and providing other counseling and litigation services.

• Criminal Defense
• E-Business
• Encryption
• Financial Records Privacy
• Food and Drug
• Government Contracts
• Healthcare Information Privacy and Security
• Intellectual Property
• International Privacy Regulation
• Labor and Human Resources
• Litigation

Healthcare Information Privacy and Security

All businesses that collect or use health care information about patients, beneficiaries, customers, or employees, or who are engaged in medical research, must be prepared to satisfy strict new privacy and security requirements under the Health Insurance Portability and Accountability Act (HIPAA) and numerous new state laws. McKenna Long & Aldridge is assisting its healthcare clients in planning for these changes and working with organizations in shaping the policies and self-regulation protocols to implement the new requirements. Through strategic alliances with information technology businesses, we can provide a complete information privacy and security solution to the healthcare industry.

E-Business

The Internet is revolutionizing marketing and sales, both to consumers and business-to-business. Sophisticated Web sites and modern database technologies combine to facilitate the collection, organization and exploitation of detailed customer information, making the identification and targeting of potential customers more efficient and effective. While data become an increasingly valuable commodity, the lines between appropriate and abusive uses of that data have yet to be drawn. Although the FTC has recommended reliance on voluntary privacy guidelines, Internet privacy legislation has been proposed and tort litigation may force the courts to fill the void. MLA can assist your business in preparing a program and appropriate Web site disclosures in order to help minimize your exposure and risks during this period of uncertainty.

Financial Records Privacy

New banking reform legislation and litigation brought by states create new limitations and risks for financial institutions regarding the protection, use and distribution of customer information. Our lawyers are actively assisting its banking and thrift clients in preparing for these challenges.

International Privacy Regulation

The European Union Data Protection Directive and similar laws in other countries complicate the ability of multinational companies to collect, process and transfer information regarding customers and employees. MLA, through its Brussels and U.S. offices, can assist companies in complying with the Data Protection Directive, the Department of Commerce "safe-harbor" requirements and other international privacy and data security requirements.

Food and Drug

U.S. and international privacy and security rules directly affect the ability of drug and medical device manufacturers to conduct research to support New Drug Applications, Premarket Approvals, Premarket Notifications (510(k)) and similar submissions to the FDA and to comply with post-marketing and adverse experience reporting requirements. Our lawyers are assisting our clients in meeting these potentially conflicting obligations.

Intellectual Property

Many privacy and security issues arise in the context of computer software, licensing, trade secrets, technology resource management, copyrights and patents. Our Information Privacy practice group brings additional expertise and resources to our clients' challenges with the active assistance of lawyers in our Intellectual Property and Intellectual Property Litigation practices.

Labor and Human Resources

Privacy legislation is creating new concerns regarding the protection and use of employee data. International restrictions may limit the transmission of employee data across national boundaries. Development of new privacy programs, e-mail and web access policies and compliance mechanisms raise additional human resources issues. Our lawyers regularly work with clients to resolve these problems.

Encryption

Encryption is an essential element of electronic security and is being considered by organizations responding to privacy and security requirements. In addition, the export of encryption software continues to be a major business and political issue. Our lawyers, one of whom is a member of the President's Export Council Subcommittee, are committed to applying their leadership and expertise in this area to resolve our clients' challenges.

Government Contracts

With the largest government contract practice in the country, MLA has for many years been counseling clients on issues arising under the Privacy Act, the Freedom of Information Act (FOIA) and rules and regulations governing trade secrets and technical data rights. This experience includes issues regarding the rights of organizations to utilize personal data and information compiled while working on government contract.

Litigation

Banks, pharmacies, Internet communities and others have been the targets of recent lawsuits and administrative enforcement actions based on alleged privacy and/or intellectual property violations. These actions by state and federal agencies and private tort lawyers are merely the first wave. Moreover, proposed banking, health care, and Internet-policy legislation include a variety of civil penalty and private enforcement mechanisms. While a comprehensive privacy program can minimize your business exposure, if litigation does occur, MLA's experienced trial lawyers can defend you in all federal and state courts.

Criminal Defense

Most of the proposed medical and financial records privacy legislation include both criminal and civil sanctions, including penalties and private rights of action. We bring together resources from our White Collar Crime practice group to assist in his area.

For more information, please contact Lino Lipinsky de Orlov.