Working Group 11: Drafting Team – Proactive Privacy and Data Security
The drafting team is tasked with drafting a Commentary, Guidelines, and/or Principles designed to assist organizations in creating a privacy and data security program that takes into account the ever-increasing number of privacy and data security laws around the world, including data localization laws. The Drafting Team will create work product that can be applied to all privacy and data security programs. The Drafting Team will focus on the considerations of companies when attempting to comply with global privacy and data security laws and create a program that can incorporate these legal regimes as they change over time.
The Working Group 11: Steering Committee drafting teams for each of the following:
- Data Security Primer: This primer will analyze the statutory and regulatory regimes in the United States that establish affirmative requirements to protect sensitive information, as well as requirements that apply when the security of sensitive information is breached. . The primer will also identify significant issues and emerging trends arising from lawsuits by parties affected by a data breach.
- Data Privacy Primer: This primer will focus on trends in U.S. statutory law, civil litigation, and enforcement actions relating to the use and sharing of sensitive information.
- Commentary on Reasonable or Unreasonable Data Security Measures: This forward-focused commentary will identify current and prospective “reasonable” and “unreasonable” data security measures through analysis of regulatory enforcement actions, class action lawsuits, laws and regulations, and industry-based standards that form the basis for common law liability. This analysis will be accompanied by principles to guide organizations when implementing and maintaining data security measures.
The Working Group 1: Electronic Document Retention and Production – Information Governance and Privacy