ABA LSD Antitrust Liaisons

American Bar Association Law Student Division Liaisons to the Section of Antitrust Law

20051221

Practical Privacy II Follow-up

Thanks to Tom Zych and Mike Miller for saving a line for me on the Practical Privacy II teleconference last week. For those of you that missed it, we heard from the Chief Privacy Officers of GE, GM, and JPMorganChase on the practical realities of implementing privacy policies in their organizations. This is especially challenging given the current myriad of regulations in multiple jurisdictions around the world. Combine that with the outsourced or offshored (yes, there is a difference) data handlers and other 3rd parties that might share information and you'll begin to understand why some of these folks have trouble sleeping at night!

I had the chance to ask Tom Zych some follow-up questions for our LSD members who may be interested in the practice areas covered by the newly formed Privacy & Security Committee and here are his responses:

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Q: Do you need an IT/Risk Management background or experience with a regulatory authority (AG, FTC, DOJ) to be competitive?

Zych: I certainly hope not, since I do not have that type of background myself. I think the key is to have a genuine interest in your clients' business realities and the willingness to be educated on an ongoing basis.

Q: Are private firms seeking associates with some expertise/interest in this area just as much as in-house Counsel?

Zych: Most definitely, and with the anticipated passage of federal data security legislation next year, the work will only increase.

Q: What would you recommend 2Ls and 3Ls take (or law schools should start offering) to improve their understanding of the issues?

Zych: Elective courses, preferable taught by adjuncts practicing in the field, would provide good course work for those self-selected students wishing to pursue the topic while getting a fresh, "from the trenches" view of the challenges.

Q: Any other suggestions for law students?

Zych: As for advice, I hesitate since it has been many years since my student days. But as one who first studied law when this topic was mostly a gleam in the eye of the future, I would say that maintaining curiosity and having the knowledge that, while what we learn may change over time, the willingness to continue to learn throughout our careers is a key success factor for any practicing lawyer.

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As a bonus, the inaugural edition of The Secure Times was released this week. This first issue includes:
(1) an interview with FTC Chairman Deborah Majoras on the FTC's privacy agenda, (2) an article about the Payment Card Industry Data Security Standard and how it affects merchants, (3) an article that tells you what you need to know about the Fact Act's Data Disposal Rule; and (4) a summary of privacy and data security developments from the Fall.

To learn more about the AT's Privacy and Security Committee (or to join it), click here.

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