New York Attorneys Will Be in High Demand if Data Security Law Passes
New York currently doesn’t have a law requiring companies to protect consumer information, and they are only required to notify affected consumers of a compromise of “private information,"; which doesn't cover the theft of email addresses, passwords, or health insurance information.
Schneiderman's proposal seeks to broaden the scope of information that companies would be responsible to protect and will require stronger technical and physical security measures for protecting the information. The proposal seeks to expand the definition of what constitutes “private information" to include those aforementioned left out.
The proposal will also give businesses incentives to implement tough data-security measures by offering a safe harbor that would provide them some rebuttable presumption in litigation. In order to qualify for the safe harbor, companies would be required to categorize their data systems based on the risk a data breach imposes on the data stored. Such data security plan would then need to be implemented and followed by the company. If this standard is met, the entity would need to obtain a certification. It is advisable to seek legal counsel to achieve the greatest chances of receiving a certification under the new law.
According to a spokesman for Schneiderman, if it becomes a law, New York's requirements would meet California standards in terms of the breadth of information covered, and exceed that state's standards in other ways. Citing the high number of data breaches last year, Schneiderman hopes New York’s law to serve as “a national model for data privacy and security.”
If this proposed bill passes, it is expected to be implemented nationwide in the upcoming years. Fortunately, with the help of online IP lawyers, those who need legal advice can find guidance with the help of innovators like UpCounsel. These cyber lawyers are able to connect with potential clients in a virtual legal marketplace compiled of thousands of attorneys located all over the United States, including lawyers in New York City. They are able to offer much more competitive costs for legal services since they are primarily based online and carry minimal overhead when compared to big law firms. This is an obvious advantage for companies as they adopt new policies and procedures that will come about if this proposed bill on data security is passed.
UpCounsel helps businesses and entrepreneurs to easily hire great attorneys on-demand that best match their legal needs and budget. By using UpCounsel’s virtual legal marketplace to get advice and compare free proposals from specialized attorneys, businesses save hours of time searching for legal services and reduce their legal costs by 60% on average when compared to expensive law firms. To date, thousands of companies have used UpCounsel to save millions of dollars on legal services.
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