Privacy Trends in New York: How Lanton Law Can Assist Tech and Healthcare Companies with Legal and Regulatory Strategies

Privacy has emerged as a critical issue in the digital age, prompting increased scrutiny and regulation. In New York, a hub for technology and healthcare industries, privacy trends have been shaping the legal and regulatory landscape. This blog post will explore the evolving privacy trends in New York and delve into how Lanton Law can help tech and healthcare companies navigate complex privacy laws and develop effective legal and regulatory strategies.

New York has been proactive in addressing privacy concerns, recognizing the importance of protecting personal information in an increasingly interconnected world. Several key privacy laws and regulations have been enacted, creating a robust privacy framework for businesses operating in the state.

The New York Privacy Act, if passed, would establish comprehensive privacy rights for consumers, similar to the European Union's General Data Protection Regulation (GDPR). It would empower individuals with control over their personal data and impose stringent obligations on businesses regarding data protection and transparency.

Additionally, the Stop Hacks and Improve Electronic Data Security (SHIELD) Act has enhanced data breach notification requirements and expanded the definition of personal information. It mandates businesses to implement reasonable security measures and imposes penalties for non-compliance.

Lanton Law has an emerging privacy and data protection section. Here's how our firm can help: 

a. Compliance Assessment: We can conduct comprehensive privacy assessments to identify areas of non-compliance and help businesses align their practices with applicable state and federal privacy regulations. We can review your policies, procedures, and data handling practices to ensure adherence to legal requirements.

b. Privacy Policy Development: We can assist in drafting and updating privacy policies that meet the specific needs of your industry. These policies often outline data collection practices, disclosure mechanisms, and individual rights, providing transparency and legal compliance.

c. Consent Mechanisms: With the increasing emphasis on consent, Lanton Law can help companies develop effective mechanisms for obtaining and managing consent. This includes ensuring clear and informed consent practices, implementing opt-in and opt-out mechanisms, and maintaining records of consent.

d. Privacy Impact Assessments: Lanton Law can conduct Privacy Impact Assessments (PIAs) to identify privacy risks associated with the implementation of new technologies, data-sharing practices, or changes in business operations. PIAs help companies proactively address privacy concerns and mitigate risks.

e. Dispute Resolution: In case of privacy-related disputes, Lanton Law can provide strategic guidance. 

Conclusion:

As privacy concerns continue to grow in the digital age, New York has been at the forefront of enacting comprehensive privacy legislation. Tech and healthcare companies in the state must adapt to these evolving trends to protect consumer data and maintain compliance with privacy regulations. 

Lanton Law's experience in privacy and data protection enables these companies to navigate the complex legal and regulatory landscape effectively. By partnering with us, tech and healthcare organizations can develop robust strategies, ensuring compliance, safeguarding personal data, and maintaining trust among your consumers.

Contact us to learn more. 

New York Privacy Act Introduced into the New York State Legislature

A680 titled the New York Privacy Act has been introduced into the New York State Assembly. The bill is sponsored by Assemblywoman Rosenthal (D-District 67). 

The proposed bill seeks to enact the NY privacy act to require companies to disclose their methods of de-identifying personal information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared. Furthermore the proposed bill creates a special account to fund a new office of privacy and data protection.  

While the bill has echoes of Europe’s General Data Protection Regulation consent requirements, this bill takes a hard line approach on the subject which requires consent for all   processing activities and third-party disclosures, with no exceptions, the proposed bill as currently written raises significant concerns with how businesses would realistically be able to comply with the proposal’s requirements. 

Penalties are very strong under this proposal as seen below:

The attorney general may bring an action in the name of the state,or as parens patriae on behalf of persons  residing  in  the  state,  to enforce this article.

In addition to any right of action granted to any governmental body pursuant to this section, any person who has been injured by reason of a violation  of this article may bring an action in his or her own name to enjoin such unlawful act, or to recover his or her  actual  damages,  or both  such  actions. The court may award reasonable attorney's fees to a prevailing plaintiff.

Any controller or processor who violates this article is subject to an injunction and liable for damages and a civil penalty. When calculating damages and civil penalties, the court shall consider the number  of affected  individuals,  the  severity of the violation, and the size and revenues of the covered entity. Each individual  whose  information  was unlawfully  processed  counts as a separate violation. Each provision of this article that was violated counts as a separate violation.

Privacy is a hotly trending topic that is showing now signs of slowing down. Bills like this one will require significant work as it makes its way through the legislature in order for New York to achieve consumer protection while enacting a workable law that businesses will be able to comply with. 

We at Lanton Law can help. Our legal and lobbying tools can help offer your organization a clear path forward to navigate what will be changing policies for healthcare, technology and clean energy stakeholders. We are a D.C. based firm with no state boundaries as we are active nationwide. Contact us today to discuss your options.