NYC Data Privacy Attorney

Private data is a collective name for confidential information and personal and seller data. This is data on individuals that is not public information. It includes but is not limited to the following; 

• Social Security Numbers
• Birthdates
• Contact Information
• Medical Records

Data protection restricts who can acquire data, whereas data privacy dictates parties who can access data. In most cases, users control data privacy, whereas data protection is a company's mandate. Data privacy protects users' information from being shared, while data protection prevents hackers from having access.

Some examples of data privacy include:

• HITECH-Health Information Technology for Economic  and Clinical Health
• HIPAA-Health Information Portability and Accountability Act

A data privacy lawyer majors in laws and regulations pertaining to data transfer, data storage in computer networks, handling, and consumer protection. They offer legal advice on matters such as;

• Protocols after a data breach
• Online Privacy
• e-commerce

Privacy law protects personally identifiable information by regulating how it is stored, shared, and used.

To comply with privacy regulations, your company can take the following measures:

• Ensure everyone in your company is aware of the regulations
• Carry out a risk assessment and check your customer touchpoints
• Ensure your opt-in language is not ambiguous
• Encrypt your data transfers
• Make sure your third-party partners comply with privacy regulations
• Hire a data protection Officer

Standard Contractual Clause refers to a set of terms and conditions that a sender and receiver sign to protect their interests. The terms are contractually binding, and each party ensures their rights and freedoms are not violated. SCCs dictate the rights and responsibilities of the sender and receiver as the receiver processes the sender's data.

If a vendor is deficient in ensuring data privacy, your efforts to ensure compliance will be ineffective. To prevent this, you should:

• Evaluate your vendor's data privacy and practices. Your legal counsel will help you assess your vendors before you bring them on board. The first step will be to determine their level of involvement and how much data they have access to. You can then check if they have implemented policies to protect your client to a reasonable degree. 
• Ensure your data security contracts favor your client. Your legal counsel will help you draft contracts that protect the client's data privacy. The contracts will require vendors to show a particular standard of compliance in terms of privacy.
• Monitor Your Vendors. Conduct vendor assessments from time to time to ensure compliance to reduce risks.
• Include data security and privacy negotiations in the initial contract meeting. Do not leave data privacy talks till after discussing other contract provisions. This may cause you to compromise on some terms due to pressure to close.

If your company has cyber insurance, you may benefit from the provider's expertise in handling such a situation. The general steps after a data breach involve:

• Containing the data breach.
• Evaluating the extent of the breach
• Developing a response plan

If your vendor or a party affiliated with your company suffers a breach, your first action should be to inform law enforcement. Explain the situation in detail and the potential risk.

For GDPR compliance, you need to:

• Ensure all personnel in your company are aware of the regulations
• Conduct a personal data audit, documenting where all personal data comes from and who has access
• Have an updated privacy notice
• Create systems that hold up an individual's right to, e.g., access, correct inaccuracies.
• Have a documented legal basis for all the processes involved in handling personal data.
• Check on your methods of seeking and recording consent to process personal data.

You can incorporate data privacy in your IT systems by design by: 

• Having elaborate data privacy policies
• Ensuring  your checkboxes stay unchecked
• Making your website transparent by integrating just-in-time notices
• Reducing the amount of data you collect
• Encrypting personal information
• Granting your users the power to give and withdraw consent

Not all businesses need privacy notices and privacy policies. However, it is good practice for all companies as it indicates transparency and boosts trust.

A Data Protection Officer ensures your company is in good standing concerning data privacy compliance. While you do not need to appoint a DPO, you need to have an individual in charge of data protection.

Your Chief Privacy Officer should create and implement policies that foster data privacy. They can: 

• Create awareness and train employees on data privacy
• Convey your company privacy goals to internal and external parties
• Manage your company's data privacy policies and procedures
• Evaluate potential privacy-related risks that could result from your operations

This tool evaluates and identifies privacy-related risks throughout a program or system development.

Cyberlaw stipulates rules of conduct in Information Technology. It regulates actions by companies, governments, and the public in cyberspace.

To set up a good cybersecurity program, follow the following steps: 

• Assess your security risks
• Have a cyber security framework
• Create a cyber security policy
• Have a plan to manage potential risks
• Ensure your network, applications, and data are secure
• Do a security test run
• Improve on problem areas

If a security breach happens, you must report it if it infringes on other parties' and individuals' rights and freedoms.