Data Security and Privacy Liability - Working Group 11
Be sure to log-in to view all content. Working Group content access on the right side of the screen is disabled for non-members.
Do you want to become a member of this Working Group series, click here.
Publication Open for Public Comment
No results to display at this time.
View All Working Group Publications
Working Group Series Members-Only Section
Join or Leave This Working Group
Working Group Updates and Announcements
Artificial Intelligence (AI) has the potential to solve some of the world’s most complex problems and to bring about a sea-change of innovation, but also raises myriad challenges for the future of work, privacy, and data governance. AI, in all of its forms, requires data, and often the more data the better. This raises questions about from where such data is collected, how it is used and processed, its security, the ways in which AI can be harnessed for cyberattacks or to bypass security measures or exploit system security and privacy vulnerabilities, and the possible need for consent and the form and mechanism for obtaining it. While many jurisdictions are beginning to consider and enact laws to address these questions, this body of law remains in a nascent state and much remains to be discussed and decided. WG11 is forming a brainstorming group to consider these topics and prepare an analysis of whether there are any, and if so what, legal issues related to the topics of privacy, consent, and cybersecurity impacting the development and use of AI that might be worthy of a drafting team effort to prepare a Commentary on said issue(s).
(2) Online Tracking
Online tracking and retargeting technologies increasingly present unique challenges to organizations’ legal and marketing teams as technologies evolve, compliance obligations change, and laws that have been in place for years like the Video Privacy Protection Act and two-party wiretapping statutes are being reinterpreted and tested by consumers in online marketing contexts. WG11 is seeking volunteers for a brainstorming group to evaluate the evolving online tracking legal landscape and assess whether one or more topics in this arena could be appropriate for an eventual commentary.
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 WG11. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, pease contact our office at [email protected] or +1(602) 258-4910.
In order to be considered for the brainstorming group(s), please complete the questionnaire found here and submit it no later than COB EDT on Thursday, September 7, 2023.
The drafting team is tasked with developing a commentary on whether HIPAA adequately covers consumer health data and non-traditional health data uses, given HIPAA’s focus on healthcare providers that bill insurance, the proliferation of health data generated outside of the traditional medical and insurance fields, and the innovative new uses of health data in which companies are engaging. As part of the commentary, the drafting team should address whether HIPAA, and specifically the HIPAA Security and Breach Notification Rule, need to be updated given changes in technology and the threat landscape.
- Drafting team members are expected to make the following commitments:
- Total time commitment is 12-15 hours per month, including 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. Members will be expected to prepare law review quality drafts, including citations to legal authority in accordance with The Bluebook: A Uniform System of Citation. Drafting team leaders will track contributions to the drafting 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 a 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, pease 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
- Years of Experience
- Participation on the corresponding brainstorming group
- Did you join - and contribute - to the preceding brainstorming group?
- 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 beneficial to all stakeholders
- Perspectives we seek to have represented on the drafting teams include, among others:
- In-House counsel
- Outside counsel
- Counsel for consumers
- Corporate decision-makers
- Service providers
- Should you ultimately not be selected for a drafting team, it may simply be the result of too many applicants representing 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 Thursday, September 7, 2023.
Copyright Notice Materials for Educational Purposes Only Not to be Republished or Copied
These materials are for the use of Working Group Members only in connection with their research and education efforts. They are not to be copied or republished in any way. Some of the materials are subject to copyright license agreements and other arrangements that prohibit any such republishing.
No results to display at this time.