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E-security issues drive growing legal practice specialty

By: Melody Finnemore//July 19, 2012//

E-security issues drive growing legal practice specialty

Melody Finnemore//July 19, 2012//

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Ari Okano Lee, left, and Tatiyana Perry (Sam Tenney/Briefly Legal)
Ari Okano Lee, left, and Tatiyana Perry (Sam Tenney/Briefly Legal)

As national legal publications and blogs predicted the top practice areas for 2012, each highlighted the growth of computer or IT law, and particularly electronic security, as a burgeoning legal specialty.

Betting on that trend, Tonkon Torp launched a six-member Information Privacy & Security practice group earlier this month. The group will advise businesses on the laws and industry standards regulating the collection, use, sharing, protection and proper disposal of personal data.

These privacy laws include the Federal Trade Commission Act, Children’s Online Privacy Protection Act (COPPA), Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health Act (HITECH) and the Oregon Identity Theft Protection Act.

Ari Okano Lee, one of the attorneys in the new practice group, says that while most businesses collect driver鈥檚 license numbers, social security numbers, and credit card and other financial account information, many companies don鈥檛 realize the potential security risks they face.

Large companies like Sony Corp., Citigroup and TD Ameritrade serve as sobering reminders of just how big an issue electronic security has become. Sony was sued last year after losing more than 100 million customer records. Citigroup lost confidential information for nearly four million customers in 2005. In 2007, a hacker accessed the names, social security numbers, and home and email addresses of more than six million TD Ameritrade customers. These are just a few of several high-profile electronic security breaches to occur in both the private and public sectors over the last few years.

鈥淚f you are a business and you collect driver鈥檚 license numbers, social security numbers, credit card information and financial account numbers, you need to have measures in place to protect that information. And if you somehow lose it, you have a duty to report it,鈥 says Lee, who recently earned certification as an information privacy professional.

Tatiana Perry, another attorney in the practice group, notes that privacy and secrecy protection laws extend to passport numbers as well as computer log-in and password information.

As more companies begin cloud computing or working with external service providers, corporate leaders need to be aware of the electronic security issues that go along with that. And, business owners and attorneys alike are on a steep learning curve as state, national and international laws regulating consumer privacy and secrecy evolve to keep pace with technology.

鈥淚t鈥檚 definitely daunting for companies when they are thinking about compliance,鈥 Lee says.



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