The August 2022 issue of New Jersey Lawyer offers an in-depth look at privacy law, one of the most rapidly evolving practice areas in the legal world.
The issue, a publication of the New Jersey State Bar Association, features seven articles that address critical issues, recent decisions and valuable practice tips for attorneys in the privacy space. The articles range from helping clients investigate data breach incidents to how websites and apps trick users into sharing personal information.
Advancements in technology have made privacy law one of the most dynamic practice areas, according to Nancy A. Del Pizzo, the special editor to the August issue. With laws governing electronic data and confidentiality in constant flux, attorneys who practice in the privacy space cannot relax and rely on a past year’s authority, she said.
Today’s businesses and organizations are tasked with handling an immense amount of financial or personal information for clients and staff that are prime targets for theft, according to an article written by Daniel J. DeFiglio. New Jersey law requires businesses to disclose and investigate any data breach in a timely manner. Given the added responsibility, technology officers and corporate counsel should take heed that a flawed data breach investigation could lead to litigation, according to the article.
As data collection has become more sophisticated, some websites and apps use controversial tactics called dark patterns, an interface that manipulates or heavily influences users to make certain choices, according to Alfred R. Brunetti, who contributed an article on the topic. A simple prompt to allow access to contacts or cancel a subscription could be a surreptitious way for websites to trick users into granting consent to be tracked, or have their data used in ways they didn’t expect. State and federal laws, according to the article, are catching up to the practice.
Some concepts that once seemed like science fiction are fast becoming part of privacy law, Del Pizzo said. Another article addresses the rise of biometric data collection—the use of physical characteristics to identify someone—seen in retinal scans to access bank vaults or facial recognition used by law enforcement. Biometric information has many uses, from medical practices to security and police agencies, to employment agencies and social media companies, and even at amusement parks, according to the authors Brett R. Harris and Natalie Moszczynski.
Additional articles featured in the issue include:
• What Every In-house Attorney Should Know About Preserving the Confidentiality of Forensic Reports Related to a Security Incident—by Angelo A. Stio III, Avrohom C. Einhorn and Brianna M. Alunni
• Retaining Privacy with Non-Waiver Orders—by Veronica J. Finkelstein
• Coordinating Care: Aligning 42 CFR Part 2 with HIPAA—by David N. Crapo
• Commercialization of Your DNA: Privacy Regulations Lagging for Companies Collecting Genetic Data—by Jayla E. Harvey
The edition also includes practice guidance for attorneys in any field, including an overview of the state’s Disciplinary Review Board, and how to reduce stress by practicing gratitude. NJSBA President Jeralyn L. Lawrence provides an update on the Putting Lawyers First Task Force’s work.