PRIVACY & DATA SECURITY

Information technology along with privacy and data security issues, have seen rapid growth in recent years.

Webster, Chamberlain & Bean’s involvement in privacy law dates back to the 1970’s, when it was instrumental in working on the the Fair Credit Reporting Act. As one of the oldest law firms in the country representing non-profit organizations, Webster, Chamberlain & Bean LLP has long been at the forefront of protecting the First Amendment rights and privacy of non-profits and their donors, including during government investigations or in litigation with third parties.

Today, the firm continues to advise clients on all aspects of data security and privacy law issues, including recent laws related to specific technologies, such as the CAN-SPAM Act and Canada’s Anti-Spam Law (CASL), the Junk Fax Prevention Act, and Do-Not-Call laws, the Health Insurance Portability and Accountability Act (HIPAA) and the Genetic Information Nondiscrimination Act (GINA) as well as major international, federal, and state legislation that establishes privacy and data security, such as the General Data Protection Regulation (GDPR). The firm also provides compliance assistance with the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLB), Red Flags Rule, the Telephone Consumer Protection Act (TCPA), other Federal Trade Commission (FTC) and Health and Human Services (HHS) regulations, and state and local laws. The firm monitors and briefs clients regarding privacy legislation and regulations and represents clients before Congress, the Internal Revenue Service and regulatory bodies, including the FTC, HHS and the Federal Election Commission.

The firm assists clients with the development of policies to protect financial, health, tax, donor, employee and other personal or proprietary information. The firm drafts website privacy and data governance policies, directs data audits and assists clients when a security breach occurs, and advises clients of the privacy aspects of their fundraising and solicitation programs, including the rental or sale of donor/member mailing lists. The firm has also litigated the rights of clients to prevent the disclosure of information about donors and members, as well as bringing and defending defamation lawsuits.

Privacy issues cut across the legal spectrum and touch virtually every client. To address these needs, the firm taps the wide experience of its attorneys in areas including transactional, litigation, intellectual property, antitrust, communications, tax, election law, and e-commerce.