Jackson Lewis’ Privacy, e-Communication and Data Security Group
Accessing and exchanging business information in cyberspace fosters both unlimited possibilities and new risks and vulnerabilities for companies across the globe. Jackson Lewis’ interdisciplinary Privacy, e-Communication and Data Security group stays on the edge of legal developments affecting our clients’ business and workplace risks—and opportunities— in the digital age.
Our Privacy, e-Communication and Data Security group regularly advises companies in three primary areas:
- Achieving a balance between an entity’s need to learn about, use or disclose personal or confidential information with an individual’s or entity’s interest in keeping that information private and secure;
- Harnessing the power of social media while avoiding legal pitfalls; and
- Developing strategies, policies and procedures for managing the storage, transmission and security of data, as well as for addressing breaches of data.
Because data is everywhere and part of every situation, we take a holistic approach to advising clients, regularly interacting with other Jackson Lewis attorneys to provide coordinated, common sense advice and preventive strategies that address the range of potential issues relating to privacy, social media and data management. The increasing mobility and technical savvy of the global population heightens the need for this approach.
Privacy. As the capacity for transmitting and storing data grows exponentially, so does the general concern for informational privacy in the United States and around the world. This concern applies to both personal information about individuals and the confidential and proprietary information of organizations. Achieving a balance between the need for information and individual/organizational privacy is critical, particularly for companies that provide services involving the regular handling of sensitive information and/or have a multi-jurisdictional presence. We provide products and services to clients in key areas to assist them with achieving this balance, including:
- Monitoring Activities and Communications
- HIPAA Privacy and Security
- Leave Management
- International/Cross Border Compliance
- Workplace Investigations
- Mergers and Acquisitions
Social Media. Forward-thinking companies across the globe are embracing social media, networking sites and blogs for, among other things, branding, client development and service, research, recruiting, and to improve employee engagement and facilitate multi-office workplaces. While the benefits could be significant, social media use is not without challenges for employers. We regularly advise our clients concerning (i) whether and how to monitor and regulate employees’ social media use; (ii) the use of information obtained through social media in hiring, promotion, discipline and other decisions; and (iii) the challenges of social media in litigation. Examples include:
- Crafting policies/training to guide employees’ acceptable use of social media, as well as internal protocols for management.
- Recognizing the limits on employers in controlling employee communications, such as under the National Labor Relations Act.
- Developing strategies for limiting cyber-smearing and non-disparagement in social media.
- Policies to avoid impermissible endorsement of company products and services.
- Working with our litigation and e-discovery attorneys to advise clients concerning the limits on mining social media for advantages in litigation.
Information Management. A company’s most critical assets include information concerning its business and employees. Like other assets, such information needs to be appropriately safeguarded, accessible and preserved. We provide a range of products and services to help clients manage this important asset, including: