Data Privacy

Almost daily there are news stories about data breaches. Sometimes it's as simple as a lost laptop or as flagrant as an intentional invasion of a computer network by organized criminals. In other cases it's a simple case of negligent handling of sensitive, proprietary information by those charged with its possession. As our society becomes more and more "digitized," it's reasonable to expect that data breaches will become part of daily life.

At The McCormack Firm, we have the ability, experience and critical relationships necessary to provide solutions to a host of issues related to data privacy and breaches, both before and after an event may have occurred.

Companies who possess personally identifiable information have numerous responsibilities under both state and federal law. Whether you're a small company in Massachusetts, a large company operating in numerous states, or a multi-national corporation, there are laws that pertain to your possession or ownership of that data. Let the McCormack Firm help you to assess which laws apply to you and how to achieve compliance.

Compliance doesn't equal security, but in many cases, effective security can achieve compliance. We have critical relationships to assist you to achieve your goals. Did you use a lawyer when you retained your Information Technology service provider? Does that relationship increase or decrease your potential liability?

The Massachusetts Data Privacy Law (MGL 93H - 201 CMR 17) applies to ALL Massachusetts businesses, regardless of size. From small local convenience stores to vast multi-nationals such as Fidelity Investments, all companies are required to have a written policy called a Written Information Security Program (WISP) if they own, license, possess, or maintain "personal information" of a Massachusetts resident.

HIPAA regulations, Gramm-Leach-Bliley Act, COPPA (children's online privacy protection act) and other pending federal legislation may apply to your company. We provide general business counseling in relation to the privacy laws that pertain to your organization.

Besides assistance in the development of legal compliance, The McCormack Firm will facilitate the introduction to other risk management tools, including loss prevention techniques and risk transfer options. We can assess the applicability of current insurance coverage and, through established strategic relationships, assist in obtaining appropriate "data breach" insurance coverage if necessary.

Further attention must be given to third party and vendor contracts. Much of existing and pending legislation requires companies to take certain specific measures when retaining third party vendor services. In this context, outsourced responsibility can lead to costly liability. Our team will review all contracts with an eye toward determining the extent of potential liability under these agreements. Further, we will assist in the review of procedures regarding the authority to execute such agreements and review of their content to eliminate any unnecessary assumed liability.

Consider this: Loss of data, whether through negligence or as a result of criminal action can result in the imposition of fines and penalties many times more costly than the relatively inexpensive cost of prevention prior to and reaction after the fact of a breach.

For further information about our services, please feel free to contact us at 617.951.2929 or on the web at www.mccormackfirm.com

You can also subscribe to the Massachusetts Data Privacy Law Blog at www.massdataprivacy.com authored by Attorney John Lacey. This critically acclaimed blog covers the world of data privacy, data breaches and legislation concerned with the digital world.