Richard Thomas Interviews Lisa Sotto, Author of the Privacy and Data Security Law Deskbook Published by Aspen Publishers

Richard Thomas (RT): Lisa, congratulations on the publication of the new treatise.  I’m sure the Privacy team has been waiting for its release.  Could you give us some background on what prompted you and the team to write the Privacy and Data Security Law Deskbook?

Lisa Sotto (LS): Thanks, Richard.  Privacy and information security are topics that have received significant attention during the last few years.  Organizations that manage personal information are under the microscope and are struggling to keep up with the many new and evolving legal requirements around the world.  In addition, there is a real uptick in enforcement actions for privacy and data security incidents.  As the former Information Commissioner of the UK, I’m sure you would agree that privacy is an issue on which nearly every global company must focus.  In 2009 alone, companies spent an average of $6.6 million to rebuild their brand image and retain customers after being involved in some type of data breach the previous year.

RT: $6.6 million!  That’s quite an investment.

LS: Yes, an investment that could have been better directed considering the current economic crisis.  So many of these incidents could have been prevented.  That’s why our treatise is important.  It provides thorough, practical and sector-specific guidance that will help organizations avoid these types of events.

RT: Why do you believe there are so many privacy and data security incidents?

LS: Honestly, I think there are a number of companies that still are not spending the types of resources necessary to fully understand their legal and practical obligations in this area.

RT: What information do you provide in your treatise to help companies better understand the rules?

LS: Not only is the book thorough, but it’s also filled with sample documents, checklists and other compliance-enabling tools.  With these resources, readers are better able to navigate the complex maze of U.S. privacy law, understand breach notification requirements, comply with global data protection requirements, and keep current with emerging legal trends.

RT: Can you tell me some of the areas covered by the book?

LS: There are chapters on financial privacy, social networking, privacy torts, surveillance, health information (more specifically, HIPAA compliance), privacy in the workplace and cyber terrorism to name a few.

RT: Is there information in the treatise that you think would be specifically helpful to me considering I’m in London?

LS: Yes, we have included information on international privacy and data protection laws as well.

RT: Who should be reading this deskbook?  Does the book target a specific audience?

LS: The treatise targets privacy officers and attorneys involved in managing global privacy and data security issues.

RT: How can I get a copy of the treatise?

LS: You can order a copy online at www.aspenpublishers.com or by calling toll-free to 1-800-638-8437.  We also have a link to order the book on our blog at www.huntonprivacyblog.com.

RT: Lisa, it has been a pleasure.  All the best with your new project.  I’m optimistic that total dollars spent to rebuilt brand image in 2010 will be significantly decreased once companies get a hold of your treatise.

LS: Thanks, Richard, that’s my goal!

Hunton & Williams' Privacy Team Releases Privacy and Data Security Law Deskbook

On July 20, 2010, Hunton & Williams announced the release of the first edition treatise Privacy and Data Security Law Deskbook (Aspen Publishers) by lead author Lisa J. Sotto, managing partner of the firm’s New York office and head of the firm’s global Privacy and Information Management practice.  The deskbook provides a detailed overview (with thousands of specific citations for the legal practitioner) of those areas of information privacy and data security law that have the greatest impact on and are most relevant to U.S. businesses operating in the global arena.  In addition, the treatise contains a collection of sample documents, charts, checklists and other compliance-enabling tools.  View the press release on the Privacy and Data Security Law Deskbook.

Hunton & Williams and Acxiom to Facilitate Response to UK Government's Call for Evidence on Current Data Protection Legislation

The UK Ministry of Justice has issued a Call for Evidence on the effectiveness of current data protection legislation in the UK.  Responses must be submitted by October 6, 2010.  “It will give the [UK] Government a solid evidence base to use in negotiations with other European Union parties.  I believe we have everything to gain from a sensible, proportionate and rights-based data protection framework, and one that works for you as businesses, service-providers and citizens,” said Minister of State for Justice, Lord McNally.

The UK Government’s Call for Evidence asks organizations to outline their views on the impact of data protection legislation in the UK and whether or not the Information Commissioner’s Office has sufficient powers to deal with serious violations of the UK Data Protection Act.  The purpose of the Call for Evidence is to help the Government formulate a stance to put forward when negotiations commence with Brussels in early 2011 on the likely reform of EU data protection laws.  Lord McNally continued, “we want to gather evidence and views on whether the current data protection laws are working in light of social and technological changes since the mid-1990s.  As individuals, citizens and consumers, we have the right to know our data is properly protected, and the Government is keen to gather evidence about how helpful the existing legislation is, as well as ideas on how the current data protection regime can be improved.”
 
Over the summer, Hunton & Williams and Acxiom will be working together to host a discussion meeting of interested parties in London, and to produce a draft submission for the Ministry of Justice.  Richard Thomas CBE, the former UK Information Commissioner and Global Strategy Advisor to the Centre for Policy Leadership at Hunton & Williams, together with a representative from the Ministry of Justice, will participate in the discussions. 
 
The Call for Evidence can be found on the Ministry of Justice’s website.  For more information, please contact Bridget Treacy in the London office of Hunton & Williams.

Hunton & Williams Tops Privacy Rankings

Hunton & Williams is pleased to announce its 2010 rankings from Chambers and Partners and The Legal 500 United States.  The firm was ranked #1 in both surveys for its Privacy and Information Management practice.

Once again, the firm was ranked in "Band 1" for Privacy and Data Security by both the Chambers USA and Chambers Global guides.  Chambers notes, "the team is particularly praised for its international expertise, especially in matters involving the European Union, such as cross-border data transfers."  Clients note that the firm "is a major competitor, especially on data breaches."  In addition, Lisa J. Sotto, partner and head of the firm's Privacy and Information Management practice, was ranked in "Band 1."  Clients note that she is "doing top-quality work and has a superb level of knowledge."  Read the full news release.

Privacy and Data Security Risks in Cloud Computing

Cloud computing raises complex legal issues related to privacy and information security.  As legislators and regulators around the world grapple with the privacy and data security implications of cloud computing, companies seeking to implement cloud-based solutions should closely monitor this rapidly evolving legal landscape for developments.  In an article published on February 3, 2010, Lisa Sotto, Bridget Treacy and Melinda McLellan explore U.S. and EU legal requirements applicable to data stored by cloud providers, and highlight some of the risks associated with the use of cloud computing.

Hunton & Williams LLP Voted Top Privacy Advisers for Third Year in Computerworld Poll

For the third year in a row, Hunton & Williams LLP has been named the top firm for privacy by Computerworld magazine. In its third annual report on top privacy advisers, the poll surveyed corporate privacy leaders in North America and Europe. The firm was ranked #1 by the respondents overall and by those in the Fortune 1000. When respondents were broken out by industry, Hunton & Williams topped the list as “providing the best privacy advice” in every industry category, including the financial, technology, consumer products and retail, healthcare, media and entertainment, and manufacturing sectors.

In addition to the practice listing, seven privacy professionals at the firm are listed as “top global experts on data privacy and protection.” Lisa Sotto, head of Hunton & Williams’ Privacy and Information Management practice, and Christopher Kuner, who heads the firm’s privacy practice in Europe, were ranked first and second, respectively, by the Fortune 1000 respondents. Sotto also received the top ranking by respondents overall. Marty Abrams of the firm’s Centre for Information Policy Leadership and Bridget Treacy of the firm’s London office are both ranked in the top 10 by overall respondents. Fred Cate, Aaron Simpson and Elizabeth Johnson are also listed among the top privacy professionals.

“Our privacy practice is known throughout the world for its deep experience, breadth of knowledge and outstanding client service,” said Wally Martinez, managing partner of Hunton & Williams. “It is particularly rewarding to see this reinforced by being recognized as a leader for three years in a row and to see so many of our attorneys listed.”

Overbrook Research, an independent public opinion consulting firm, conducted the survey this year, sending it to more than 2,000 corporate leaders around the world responsible for data protection in their organizations. The criteria used to rank firms included a firm’s experience, practical advice, global staff, timely and thorough work, and interdisciplinary perspective.

“We’ve made a clean sweep three years in a row,” said Sotto. “We rank at the top in the U.S., Europe and Asia and across most subject categories. This is due to our superb team of privacy attorneys and professionals, and it is gratifying that our clients have honored us this way.”

To view the article, please click here