Privacy & Information Security Law Blog

On June 3, 2013, Privacy Piracy host Mari Frank will interview Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP, on KUCI 88.9 FM radio in Irvine, California. Listen to the latest developments in cybersecurity, including legal issues businesses should consider when dealing with cybersecurity threats and the types of information being targeted. The radio interview will be featured at 8:00 a.m. Pacific Time on KUCI 88.9 FM and is available via audio streaming at www.kuci.org

Lisa J. Sotto, head of Hunton & Williams LLP’s Privacy and Data Security practice and managing partner of the New York office, was recently re-appointed as Chair of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee (“DPIAC”). Sotto was first appointed Chair of DPIAC in 2012 for a one-year term. This most recent tenure will expire in April 2014.

On May 10, 2013, CBS News interviewed two cybersecurity authorities to discuss the growing debate of privacy online. In the feature, entitled “Should there be a ‘right to be forgotten’ online?,” Lisa J. Sotto, partner and head of the Privacy and Data Security practice at Hunton & Williams LLP, talked about the problem of individuals’ rights to delete their online activity. She pointed out that the U.S. has no comprehensive online privacy law, and instead has a framework “comprised of a patchwork quilt of laws.” ...

The FBI Director’s Senior Cybersecurity Adviser Paul M. Tiao has joined Hunton & Williams LLP as a partner in the Privacy and Data Security practice group. Tiao served as Senior Counselor to FBI Director Robert S. Mueller III on cybersecurity, electronic surveillance, intellectual property crimes, digital forensics, and other national security and criminal issues. He formulated cybersecurity policy positions, drafted legislative language, coordinated strategy on these issues; and represented the FBI in discussions within the Executive Branch, with Congress, and with industry leaders. Tiao will be based in the firm’s Washington office.

On January 17, 2013, the U.S. Department of Health and Human Services issued a final omnibus rule modifying prior regulations enacted pursuant to the Health Insurance Portability and Accountability Act of 1996. Among the key changes that will come into effect this September is the addition of a provision that dramatically increases the number of organizations directly subject to the HIPAA Privacy, Security, Breach Notification and Enforcement Rules. In an article published in the March/April issue of Storage & Destruction Business Magazine, Lisa J. Sotto, partner and head of the ...

Hunton & Williams LLP is pleased to announce that Lisa J. Sotto, partner and head of the firm’s Global Privacy and Data Security practice, has been named to The National Law Journal’s “The 100 Most Influential Lawyers in America” list. Last published in 2006, this is only the eighth time this list of legal luminaries has been compiled since it was first established in 1985 as “Profiles in Power.”

On February 20, 2013, Hunton & Williams LLP hosted a webinar on cybersecurity risks and the Obama Administration’s recently-issued Executive Order on cybersecurity issues related to critical infrastructure. The webinar, entitled “The Cybersecurity Executive Order: Understanding Its Impact on Your Business,” covered issues such as the current threat landscape, U.S. and EU regulatory initiatives related to cybersecurity, and guidelines to help businesses prevent and manage cyber events.

On February 12, 2013, the Obama Administration released its highly-anticipated Executive Order on cybersecurity. Evolving cyber threats and increased government attention to these issues will affect companies in every industry, and businesses must consider a proactive approach to protecting against risks to critical business systems, company personal data, intellectual property and other proprietary information.

The wait is over. On January 17, 2013, the Department of Health and Human Services’ (“HHS’”) Office for Civil Rights (“OCR”) released its long-anticipated megarule (“Omnibus Rule”) amending the HIPAA Privacy, Security, Breach Notification and Enforcement Rules. These amendments implement and expand on the requirements of the Health Information Technology for Economic and Clinical Health (“HITECH”) Act and the Genetic Information Nondiscrimination Act of 2008. The Omnibus Rule is effective March 26, 2013, and compliance is required with respect to most provisions no later than September 23, 2013. Coming into compliance will require significant effort and attention by covered entities and business associates alike. Below we highlight some of the more significant aspects of the Omnibus Rule and provide critical compliance tips.

In an interview with Tom Field of BankInfoSecurity, Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP, discussed the top privacy trends and threats for 2013. Lisa predicts that security vulnerabilities will remain the biggest threat to privacy, particularly with the move toward mobile computing. She also talked about key issues to watch in 2013, such as online behavioral advertising, big data and evolving privacy legislation and regulation, especially in the EU and other countries around the globe.

Listen to Lisa’s ...

In an interview with Marianne Kolbasuk McGee of HealthcareInfoSecurity, Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP, discusses the measures health care organizations should take to prepare for the issuance of the upcoming HIPAA Omnibus Rule. In March 2012, the Department of Health and Human Services (“HHS”) sent its final Omnibus Rule modifying the HIPAA Privacy, Security and Enforcement Rules to the White House Office of Management and Budget. In the interview, Sotto outlines her predictions of the content of the Omnibus Rule, including “modifications to the HIPAA privacy, security and enforcement rules” and “a final version of the HIPAA breach notification rule.”

Internet users have expressed increasing concern about efforts to track their online activities. As the online tracking methods used to target advertisements have expanded in both scope and complexity, regulators have taken notice and have begun to act in the online behavioral tracking and advertising space. In an article published in the November/December 2012 issue of IP Litigator, Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP, and Melinda L. McLellan, a senior associate on the firm’s Privacy and Data Security team ...

On December 10, 2012, Tom Field of HealthcareInfoSecurity interviewed Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP. Discussing the top legal issues in 2012, Lisa said that data breaches remain at the top of the list, with an increase in malicious cyberattacks. She also addressed the need to combat cybercrime.

Listen to Lisa’s interview.

Hunton & Williams LLP is pleased to announce that several privacy attorneys were named to the New York Metro Super Lawyers list for 2012. For the seventh consecutive year, Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP, was selected as a New York Super Lawyer. In addition, partner Aaron P. Simpson was included as a Rising Star for the second year in a row, and associate Melinda L. McLellan debuted in the Rising Stars category. As members of the firm’s Privacy and Data Security team, their practices focus on complex privacy and ...

Hunton & Williams LLP is pleased to announce that five attorneys of the firm’s Privacy and Data Security practice group have been named as “The International Who’s Who of Internet, E-Commerce & Data Protection Lawyers” in 2012. They include partners Lisa J. Sotto, Wim Nauwelaerts and Bridget Treacy, Senior Attorney Rosemary Jay and Associate Dr. Jörg Hladjk. Who’s Who notes that “[t]he ‘cross-disciplinary’ and ‘client-focused’ Hunton & Williams LLP performs well, with a total of five lawyers selected from its ‘sophisticated’ IT and data protection ...

On September 20, 2012, Hunton & Williams LLP announced Lisa J. Sotto, head of the firm’s Global Privacy and Data Security practice and managing partner of the New York office, was named among Ethisphere Institute’s “Attorneys Who Matter” for 2012. The annual listing includes approximately 100 lawyers from a range of legal disciplines who surpass their peers based on their experience, public service, legal community engagement and client endorsement.

On July 24, 2012, Lisa J. Sotto, partner and head of the Global Privacy and Data Security Practice at Hunton & Williams LLP, gave a presentation on “Data Privacy in the Global Era” to the Western Independent Bankers Service Corporation. Sotto discussed U.S., EU and other international privacy laws, with a focus on two specific areas of interest, cloud computing and vendor management. Listen to the webcast now.

Lisa Sotto, partner and head of the Global Privacy and Data Security Practice at Hunton & Williams, was interviewed on July 18, 2012 about her participation in the USAID-funded Judicial Reform and Government Accountability Project’s initiative to educate and provide data protection awareness to the Serbian government. As we reported last week, Sotto was invited to Belgrade to assist Rodoljub Sabic, Serbia’s Commissioner for Information of Public Importance and Personal Data Protection, and the JRGA Project. Sotto, who also is Chair of the U.S. Department of Homeland Security’s Data Privacy and Integrity Advisory Committee, spent last week advising the Commission on steps to enhance Serbia’s data protection framework.

In a July 9, 2012 press release issued by Rodoljub Sabic, Serbia’s Commissioner for Information of Public Importance and Personal Data Protection, the Commissioner commented on his meeting with Hunton & Williams’ Lisa Sotto, who was invited to Serbia by the Commissioner and the USAID-funded Judicial Reform and Government Accountability Project to provide advice and education on data protection issues.

On May 24, 2012, Hunton & Williams LLP and Jordan Lawrence Group hosted a webcast on “Preparing for a New U.S. Privacy Landscape: An Overview of the FTC and White House Frameworks.” The webcast featured Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams, Aaron P. Simpson, partner at Hunton & Williams, and Rebecca Perry, Executive Vice President of Professional Services of Jordan Lawrence Group.

Hunton & Williams LLP is pleased to announce its 2012 top rankings from Chambers and Partners and The Legal 500: United States. The firm consistently has maintained its number one ranking in both surveys for its Privacy and Data Security practice.

On May 24, 2012, Hunton & Williams LLP and Jordan Lawrence Group are pleased to present a 45-minute webcast on “Preparing for a New U.S. Privacy Landscape: An Overview of the FTC and White House Frameworks.” Presenters Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams, Aaron P. Simpson, partner at Hunton & Williams, and Rebecca Perry, Executive Vice President of Professional Services of Jordan Lawrence Group, will highlight the key privacy and information security issues contained in these new frameworks and the impact they will ...

Join Hunton & Williams at the 2012 Europe Data Protection Intensive, now hosted by the International Association of Privacy Professionals (“IAPP”) in London, April 25-26, 2012. Hunton & Williams privacy professionals will be featured speakers in the following sessions:

On February 24, 2012, Eric Chabrow of BankInfoSecurity interviewed Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP. Discussing the need for a Consumer Privacy Bill of Rights, Sotto briefly outlined the strengths and weaknesses of the proposed bill, and its potential impact on businesses.

Join us at the International Association of Privacy Professionals (“IAPP”) Global Privacy Summit in Washington, D.C., March 7-9, 2012. Hunton & Williams privacy professionals will be featured speakers in the following sessions:

• Mending Fences after a Breach Thursday, March 8, 12:15 p.m. Speakers include: Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice, Hunton & Williams LLP; Susan Grant, Director of Consumer Protection, Consumer Federation of America; and Joanne B. McNabb, Chief, California Office of Privacy Protection.

On January 12, 2012, Hunton & Williams hosted an hour-long webinar on the current enforcement environment in the U.S. and EU. The webinar, Current Trends in Global Privacy Enforcement, covered issues ranging from the Federal Trade Commission’s tougher approach to investigations to increased monitoring of corporate privacy practices by European data protection authorities. Hunton & Williams speakers included Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice, London partner Bridget Treacy, London senior attorney Rosemary Jay and Brussels ...

On November 30, 2011, Tracy Kitten, Managing Editor of BankInfoSecurity, interviewed Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP. Discussing how data breaches can be game changers for organizations that suffer major incidents, Sotto emphasized that companies need to consider both the legal compliance issues involved with data breaches and potential reputational risks. Sotto also addressed how attorneys can play a key role in helping companies through the process.

Read the interview transcript or listen to the ...

On November 4, 2011, Law360 interviewed Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP. In a question and answer session, Sotto discussed the challenges of working with multinational companies on compliance with privacy laws, and addressed questions related to her practice and career. Read the full interview.

Hunton & Williams LLP is pleased to congratulate Aaron P. Simpson for his inclusion in Super Lawyers New York Rising Stars 2011. His practice focuses on complex privacy and data security matters, including assisting clients with the remediation of large-scale data security incidents and compliance with federal, state and international privacy and data security requirements. In addition, for the sixth consecutive year, Lisa J. Sotto, head of the Global Privacy and Data Security practice at Hunton & Williams, was selected as a New York Super Lawyer ...

On November 2-3, 2011, Mexico’s Federal Institute for Access to Information and Data Protection (“IFAI”) will host the 33rd International Conference of Data Protection and Privacy Commissioners in Mexico City. Marty Abrams, President of the Centre for Information Policy Leadership at Hunton & Williams LLP, is the chairman of the Conference’s advisory panel and principal advisor to Conference organizers on program content. Hunton & Williams is a proud sponsor of the event which will feature Hunton representatives as speakers or moderators on multiple panels and plenary sessions, including the following:

On September 19, 2011, Privacy Piracy host Mari Frank interviewed Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP, on KUCI 88.9 FM radio in Irvine, California.  In the interview, Ms. Sotto discussed critical current privacy and data security issues, including lessons learned from the recent data breaches, the regulatory framework in the U.S. and EU, and expected legislative changes in the privacy arena globally.

Listen to the Privacy Piracy interview.

On September 6, 2011, Lisa J. Sotto, partner and head of Hunton & Williams’ Privacy and Data Security practice, discussed why companies and individuals should be concerned about protecting their personal information in an interview with FoxNews.com.

View the video of Lisa’s interview with Kimberly Guilfoyle.

On June 9, 2011, Lisa J. Sotto, partner and head of Hunton & Williams LLP’s Privacy and Data Security practice, spoke during the regulatory session on state and federal laws at NetDiligence’s Cyber Risk & Privacy Liability Forum in Philadelphia.  Sotto discussed recent changes to the legal landscape, emphasizing regulatory authorities’ growing interest in policy and enforcement issues and increased legislative activity on the state and federal levels.

View an excerpt from Sotto’s remarks as part of the panel discussion.

Hunton & Williams LLP is pleased to announce its 2011 rankings from Chambers and Partners and The Legal 500: United States.  The firm maintained its number one ranking in both surveys for its Privacy and Data Security practice.

For the last four years, the firm has held the “Band 1” ranking for Privacy and Data Security by both the Chambers USA and Chambers Global guides.  In its Chambers USA guide, Chambers and Partners recognized the firm’s privacy and data security practice for its “full spectrum of privacy issues including data security breaches, records and information management and legislation compliance.”  Hunton & Williams also received the highest honors for its client service and “commercial awareness.”  In addition, the practice was praised for its connections with regulatory agencies. Lisa J. Sotto, partner and head of the firm’s Privacy and Data Security practice, was ranked in “Band 1,” and was singled out for her “tremendous wealth of knowledge” and proactive nature in assisting clients.

On April 25, 2011, Legal Bisnow interviewed Marty Abrams, Executive Director of the Centre for Information Policy Leadership at Hunton & Williams LLP, and Hunton & Williams partner Lisa Sotto about hot topics in privacy and data protection.

Read Legal Bisnow’s article, “Hottest Practice Area?”.

On April 5, 2011, Lisa Sotto, partner and head of the Privacy and Data Security practice at Hunton & Williams LLP, discussed the Epsilon email breach in an interview with Tracy Kitten of Information Security Media Group.  The interview covered issues such as data protection requirements for sensitive consumer data, steps companies should take to protect data and lessons to be learned from the breach.  Download the podcast now.

For the fourth consecutive time, Hunton & Williams LLP was named the top firm for privacy by Computerworld in its 2010 report on “Best Privacy Advisers.”  The survey of more than 4,000 global corporate privacy leaders ranked Hunton & Williams #1 overall, citing the firm’s extensive experience and global presence.  Computerworld reported that, “Hunton [& Williams] attracted more than twice as many votes as its nearest challenger.”  In a breakdown by focus categories, Hunton & Williams also received top honors from respondents working in the financial services and ...

On November 10, 2010, the American Bar Association’s Section of Antitrust Law’s International Committee and Corporate Counseling Committee hosted a webinar on “Regulating Privacy Across Borders in the Digital Age: An Emerging Global Consensus or Vive la Difference?”.  A panel of senior officials and private sector experts provided insights on emerging cross-border data privacy and security issues.  Hunton & Williams partner Lisa Sotto was tapped to moderate an outstanding panel which included Billy Hawkes, Commissioner, Office of the Data Protection Commissioner ...

As the EU released new data protection proposals recommending stricter controls on individual online privacy, Hunton & Williams Brussels counsel Wim Nauwelaerts appeared on BBC TV and spoke to the Associated Press and The New York Times.  The articles also were featured globally in Forbes Magazine, Bloomberg Businessweek, CNBC, The International-Herald Tribune, The Parliament Magazine and other media sources.  London partner Bridget Treacy spoke with The Wall Street Journal, and the firm’s practice head Lisa Sotto spoke with The Washington Post

This year, the 32nd International Conference of Data Protection and Privacy Commissioners takes place in Jerusalem.  In addition, the Israeli Law, Information and Technology Authority (“ILITA”) is hosting a week of privacy activities to mark the 30th anniversary of the OECD Privacy Guidelines.

Please join us at these great events coming up this fall.  Several members of Hunton & Williams’ Privacy and Information Management team are presenting at these events to discuss the current and evolving privacy and data security issues occurring around the world.

Internet Rights and Technology: A Practical Legal Guide to Doing Business on the Internet – New York City Bar
On September 28, 2010, 6:00 p.m. – 8:45 p.m., the New York City Bar hosts a live program to discuss how the Internet affects various areas of law, including intellectual property, new media, litigation, regulatory and licensing.  The faculty includes Hunton & Williams partner, Aaron P. Simpson, who will lead the Privacy & Data Security session.

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.

As scrutiny and enforcement escalate in corporate privacy and data security, has your organization developed policies that meet local and global compliance requirements?

Lisa J. Sotto, head of the Global Privacy and Information Management practice at Hunton & Williams and a member of the SAI Global Law & Ethics Advisors, along with Jeff Kaplan, Kaplan & Walker, LLC and Chair of the SAI Global Law & Ethics Advisors, deliver an informative podcast reviewing the drivers for privacy and data security policy compliance, and they discuss the keys to a successful compliance program.

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 ...

David Vladeck, Director of the FTC’s Bureau of Consumer Protection, recently sent a letter to creditors of XY Magazine, warning that the creditors’ acquisition of personal information about the debtor’s subscribers and readers in contravention of the debtor’s privacy promises could violate the Federal Trade Commission Act (“FTC Act”).

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 ...

Join us next week at the International Association of Privacy Professionals (“IAPP”) Global Privacy Summit in Washington, D.C., April 19 – 21, 2010.  This year’s summit features three days of intensive programs and networking with more 1,500 privacy professionals.  We also hope you will visit our privacy professionals who are speaking on the following panels:

• The Essential Elements of Accountability and Baking Them into a Privacy Business Process
  Tuesday April 20, 1:15 – 2:15 p.m.
  Speakers include: Marty Abrams, Executive Director of the Centre for Information Policy Leadership and Scott Taylor, CIPP, Chief Privacy Officer of Hewlett-Packard Company.
• Revisiting the Safe Harbor a Decade Later
  Wednesday April 21, 12:15 – 1:15 p.m.
  Speakers include: Lisa J. Sotto, Partner and Head of the Privacy and Information Management Practice at Hunton & Williams LLP; Damon Greer, CIPP, Director, U.S. - EU and Swiss Safe Harbor Framework, U.S. Department of Commerce; and JoAnn Stonier, Global Privacy & Data Usage Officer of MasterCard Worldwide.
• Data Can Be Good: Exploring Alternatives to Data Minimization for Protecting Privacy
  Wednesday April 21, 12:15 – 1:15 p.m.
  Speakers include: Marty Abrams, Executive Director of the Centre for Information Policy Leadership; Fred Cate, Distinguished Professor of Indiana University and Senior Policy Advisor of the Centre for Information Policy Leadership; and Stan Crosley, CIPP, Co-Director of Indiana University Center for Strategic Health Information Provisioning and Principal of Crosley Law Offices, LLC. The program is moderated by Jane Horvath, CIPP, CIPP/G, Senior Privacy Counsel of Google, Inc.

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 ...

Lisa Sotto, head of the Privacy and Information Management practice of Hunton & Williams LLP, has been appointed to the Board of Directors of the International Association of Privacy Professionals (“IAPP”). The IAPP is the world’s largest association of privacy professionals and works to define, promote and improve the privacy profession through networking, education and certification.

Sotto also serves as a member and is a former vice chair of the U.S. Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. She is co-chair of the ...

Lisa J. Sotto, Partner and Chair of Hunton & Williams' Privacy and Information Management practice, discusses the roles individuals, companies, service providers and governments play in helping to create a safer, more trusted Internet.   End to End Trust is Microsoft's broad and all encompassing vision for creating a "safer, more trusted Internet," which is achieved by focusing on three areas: security and privacy fundamentals, technology innovations and social, economic, political and IT alignment.  Microsoft believes these combined elements will help people make better ...

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.