Data Security and Privacy Liability - Working Group 11
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Working Group 11 Steering Committee
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New WG11 Drafting Team - Online Tracking
The drafting team will draft a Commentary based on the work of the Online Tracking brainstorming group found here. The drafting team will be tasked with 1) determining which portions of the Online Tracking brainstorming group outline prepared by the brainstorming group have consensus and are proper for inclusion in a draft; 2) drafting an Online Tracking Background and Principles document to match those determinations; and 3) including such other content in the draft as deemed necessary based on member feedback.
- Drafting team members are expected to make the following commitments:
- Total time commitment is 12-15 hours per month, inlcuding actual drafting, review and drafting team meetings
- Drafting team members are expected to regularly participate in drafting team meetings - drafting team leaders will take attendance for all meetings, and track meeting participation and contributions during the drafting team meetings.
- Drafting team members will be expected to draft or assist in drafting portions of the document and/or perform research as needed - drafting team leaders will track contributions to the drafting team and/or research.
- Drafting team members are expected to review all team drafts that are circulated, and comment and edit as necessary.
- It is critical that all team members are active, engaged participants in the drafting efforts in order to produce high-quality work product in a limited timeframe. If the participation requirements outlined above are not something that you can commit to at this time, we recommend that you postpone pursuing a spot on the drafting team until you are able to make these commitments. There will be more WG11 drafting efforts in the near future. Additionally, we will likely have more well-qualified, well-rounded applicants than we have spaces available for this drafting team. As a result, we may have a ranked waiting list. If during the drafting effort, a team member is not able to maintain the commitment required of team members, we will replace that member, if necessary.
In order to apply for the drafting team, you must be a member of WG11. If you are interested in applying for the drafting team, but are not yet a member of WG11, please become a member by signing up for a Working Group Series (WGS) membership. Once a WGS member, one is eligible to take part in the activities of all Working Groups, including WG11. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, please contact our office at [email protected] or +1(602) 258-4910.
As a drafting team will typically only have 8-10 members, the Steering Committee will need to be very selective. But all WG11 members, however, will have a chance to review and comment on the draft that the team produces.
Factors in Drafting Team Selection
- Expertise
- Years of Experience
- Participation in the corresponding brainstorming group
- Did you join - and contribute - to the preceding brainstorming group?
- Balance
- As we work to achieve consensus-based documents, it is important that a wide range of perspectives and backgrounds are represented. Accordingly, in selecting drafting team members, the Steering Committee will work to ensure these perspectives are fairly represented. Please keep in mind, however, we do not seek differing perspectives so that one may advocate on behalf of a particular perspective or constituency. We seek differing viewpoints, backgrounds, and experiences in order to build a consensus-based document that is benefidial to all stakeholders
- Perspectives we seek to have represented on the drafting team include, among others
- In-house counsel
- Outsine counsel
- Counsel for consumers
- Jurists
- Regulators
- Technologists
- Experts
- Corporate decision-makers
- Service providers
- Should you ultimately not be selected for the drafting team, it may simply be the result of too many applicants representeing a particular perspective, and not at all based on a lack of qualifications
In order to be considered for the drafting team, please complete the questionnaire found here and submit it no later than COB EDT on Tuesday, August 20, 2024.
New WG11 Brainstorming Group - Individual liability for data security failures
A variety of laws directly or indirectly create obligations for organizational data security practices. In the U.S., these include GLBA, the FTC Act, new U.S. Securities Act cybersecurity disclosure requirements, HIPAA HiTech and even U.S. state laws such as NY DFS 500. In the EU, these include GDPR, the Network and Information Security Directive 2 and DORA, among many others.
Recent activities have shown potential for some data security failures to create individual liability for senior officials: e.g., the prosecution of Uber CISO Joseph Sullivan, the SEC charge against Solar Winds CISO Tim Brown, and U.S. Senator Ron Wyden’s letter requesting the SEC and FTC to investigate and hold senior United Health Group officials accountable for a recent breach.
The brainstorming group will explore: whether it is useful to develop a paper identifying the legal basis for data security failures that could lead to individual liability (whether civil or criminal); whether the liability is unique to data security obligations or derived from general management or fiduciary responsibilities; differences in the application of the requirements (i.e., is accountability based upon specific knowledge, intent or negligence); and whether there should be guidelines to help individuals protect against such liability.
Brainstorming group members will be expected to actively participate in regularly scheduled phone conferences to brainstorm on work product ideas. Members will also be expected to participate in the drafting of a detailed outline that allows a subsequent drafting team to prepare work product consistent with standards of The Sedona Conference.
In order to apply for the brainstorming group, you must be a member of WG11. If you are interested in applying for the brainstorming group, but are not yet a member of WG11, please become a member by signing up for a Working Group Series (WGS) membership. Once a WGS member, one is eligible to take part in the activities of all Working Groups, including WG6. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, please contact our office at [email protected] or +1(602) 258-4910.
In order to be considered for the brainstorming group, please complete the questionnaire found here and submit no later than 9:00 am EDT on Tuesday, August 6, 2024.
New WG11 Brainstorming Group - Second Edition of Commentary on Law Firm Data Security
WG11 is forming a new brainstorming group that will consider whether a second edition of the Commentary on Law Firm Data Security ("Commentary") is warranted because of changes in law and technology, omissions in the original product, or newly developed needs for guidance. The original Commentary, published in 2020, includes a discussion of criteria and protocols for assessing data security at law firms and a companion discussion of how organizations should communicate with outside counsel about their data security practices. The Commentary also includes model clauses for engagement letters as well as a sample questionnaire corporate clients could provide to their law firms to assess data security readiness.
Brainstorming group members will be expected to actively participate in regularly scheduled phone conferences to brainstorm on work product ideas. Members will also be expected to participate in the drafting of a detailed outline that allows a subsequent drafting team to prepare work product consistent with standards of The Sedona Conference.
In order to apply for the brainstorming group, you must be a member of WG11. If you are interested in applying for the brainstorming group, but are not yet a member of WG11, please become a member by signing up for a Working Group Series (WGS) membership. One a WGS member, one is eligible to take part in the activities of all Working Groups, including WG11. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, please contact our office at [email protected] or +1(602) 258-4910.
In order to be considered for the brainstorming group, please complete the questionnaire found here and submit no later than COB EDT on Wednesday, May 29, 2024.
WG11 welcomes three new members to the Steering Committee
The WG11 Steering Committee terms of Amy Keller and Jonathan Wilan expire at the end of today's Steering Committee meeting. Amy and Jonathan have been outstanding Steering Committee members and have helped guide WG11 through some significant successes during their tenure. I thank them sincerely for their service and their dedication to WG11 and The Sedona Conference. Amy and Jonathan have agreed to join The Sedona Conference Working Group Series Leadership Council, where they will be available to lend their expertise and experience to assist the WG11 Steering Committee in the future with special projects as requested on an ad hoc basis.
I am pleased to also announce that Arianna Evers, Jerami Kemnitz, and Jim Shook have agreed to join the WG11 Steering Committee for three-year terms effective at today’s Steering Committee meeting. Arianna, Jerami, and Jim were selected because of their capacity for dialogue and working to achieve consensus, subject matter expertise, their records of significant contributions to WG11 meetings and drafting team efforts, and demonstrated commitment to the mission of The Sedona Conference.
We appreciate the continued dedication and support of the WG11 members who comprise the Steering Committee. They are: Starr Drum (Chair), Kate Baxter-Kauf, Arianna Evers, Jerami Kemnitz, Colman McCarthy, Tim Murphy, Dalia Ritvo, Jim Shook, Alex White, and Chair Emeriti Al Saikali, David Moncure, and Doug Meal.
With my best regards,
Craig Weinlein
Executive Director
References
Copyright Notice Materials for Educational Purposes Only Not to be Republished or Copied
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