Privacy
Patton Boggs helps clients to stay abreast of privacy and data security issues, to comply with applicable international, federal, and state laws and regulations, and to protect their interests while reaping the benefits of modern technology. Our privacy practice is staffed by attorneys with substantive expertise in numerous areas, including communications, technology, e-commerce, health care, transactions, banking, and litigation.
The specific privacy issues and strategies differ depending on the client’s business and the nature of the pertinent information. Common to all privacy areas is the need to strike an appropriate balance between individual rights, the principles of notice and consent, technological capabilities, and the legitimate needs and interests of business.
Examples of representative matters include:
- Advising the clients of pending privacy-related legislation and regulations affecting their interests, and representing those interests before Congress, the FTC, and other regulatory agencies;
- Assisting clients in complying with the Gramm-Leach-Bliley Act, Children’s Online Privacy Protection Act (COPPA), Health Insurance Portability and Accountability Act (HIPAA), CAN-SPAM Act, Do-Not-Call, and other FTC and FCC regulations, as well as international regimes such as the European Privacy Directive and state privacy laws;
- Conducting audits of client privacy and security policies and practices and assisting clients in reviewing possible restrictions on sharing or transfer of customer, employee, and other personal information in acquisitions, mergers, and other corporate transactions;
- Developing specific compliance and safeguarding policies for the use and retention of personal information, customer information, medical and health information, and employee information;
- Drafting privacy policies and terms of use for web sites and the handling of personal information obtained online; and
- Counseling clients regarding permission-based marketing strategies and other marketing initiatives.