Today, it is the rare business that does not keep private and personal information of some sort about others. Companies are regularly entrusted with maintaining the confidentiality of customers’ banking and credit account information, employees’ social security numbers, patients’ health information, and myriad other categories of personal data. Often, that information is stored electronically. Frequently, it resides on equipment connected to the Internet.When sensitive personal data is lost or exposed, an immediate response is required. Deciding what to do next can be daunting. There is no unified federal law covering this issue; individual states are left to address it themselves. To date, 39 states, the District of Columbia and Puerto Rico each have their own statute specifically imposing obligations on organizations that have suffered a data security breach. And each one is different. Since most breaches involve data from multiple jurisdictions, numerous inconsistent laws are often at issue. In addition, a data security breach also presents unique technical and public relations challenges.This site is intended as a resource for businesses and the people who represent them, to give them insight into this complex and developing area. The site is sponsored by Gesmer Updegrove LLP, a law firm that has represented clients on intellectual property, privacy and technology matters since before the birth of the Internet. It has advised clients who have suffered data security breaches, and counseled others about preventing them. Among the firm’s clients is the Payment Card Industry (PCI) Security Standards Council, the organization responsible for establishing data security standards for the credit card industry.

We hope to provide you with a lawyer’s-eye-view of data security, but this web site should not be confused with legal advice. Particuarly in an area as complex and evolving as this, you should consult with a qualified legal professional before making any decisions about minimizing risk and exposure before a breach, or addressing legal responsibilities and liability afterwards. Should you wish to reach an attorney at Gesmer Updegrove LLP for assistance, you can find contact information here.