Best Cyber Law, Data Privacy and Data Protection Lawyers in New York

About Cyber Law, Data Privacy and Data Protection Law in New York, United States

Cyber Law, Data Privacy and Data Protection law in New York refers to the legal rules and regulations that govern how personal and sensitive information is collected, stored, processed and transmitted through computers and the internet. These laws cover a broad range of issues including data breaches, cybercrimes, identity theft, electronic communications, and the rights and obligations of businesses and consumers. As technology advances and more personal information is shared online, there is an increasing focus on protecting individuals and organizations from cyber threats and ensuring that data is handled responsibly.

Why You May Need a Lawyer

There are several common scenarios in which you might need legal guidance in the field of Cyber Law, Data Privacy and Data Protection in New York:

• If you are a business that collects, stores, or processes personal data and need help complying with state or federal laws related to privacy or cybersecurity.
• If you have experienced a data breach or cyberattack and are unsure of your legal obligations to report the incident or notify affected parties.
• If you are an individual who believes your personal information has been improperly accessed, used, or exposed by a business or organization.
• If you have been accused of online misconduct, such as cyberstalking, hacking, or unauthorized data access.
• If your company needs to develop privacy policies, terms of service, or employee training to meet regulatory requirements.
• If you are negotiating technology contracts or vendor agreements that involve sharing or storing sensitive data.
• If you are involved in litigation involving information security or cybercrime.

Local Laws Overview

New York has enacted several important legal frameworks concerning Cyber Law, Data Privacy and Data Protection. Here are some of the key local laws and initiatives you should know about:

• New York SHIELD Act (Stop Hacks and Improve Electronic Data Security Act): The SHIELD Act expands the scope of data security requirements for businesses that maintain private information of New York residents. It requires companies to adopt reasonable safeguards and increases the types of information that must be protected and reported if breached.
• New York Department of Financial Services (NYDFS) Cybersecurity Regulation (23 NYCRR 500): This regulation applies to financial institutions and requires them to implement a comprehensive cybersecurity program, including periodic risk assessments, data encryption, incident response plans and regular employee training.
• Data Breach Notification Laws: New York requires businesses to notify affected consumers and certain state agencies if there is a breach of personal information. There are specific timelines and notification requirements.
• Other Federal Laws: In addition to state laws, federal laws such as the Gramm-Leach-Bliley Act (GLBA), Health Insurance Portability and Accountability Act (HIPAA), and the Children’s Online Privacy Protection Act (COPPA) may also apply depending on the type of data and your business sector.

Frequently Asked Questions

What is considered "personal information" under New York law?

Personal information typically includes a person’s name in combination with other identifiers such as Social Security number, driver’s license number, account number, credit or debit card number, or biometric data. The SHIELD Act expanded this definition to include user names or email addresses with passwords, and biometric information.

Who must comply with New York’s data privacy and cybersecurity laws?

Most businesses or organizations that own or license private information of New York residents, regardless of whether the organization itself is physically located in New York, must comply with the state’s privacy and cybersecurity requirements.

What should I do if my business experiences a data breach?

You are generally required to notify affected individuals, and in many cases, the New York Attorney General, Department of State, and Division of State Police. You must also notify consumer reporting agencies if a large number of individuals are affected. Specific timing and methods for notification are outlined in New York law.

Do small businesses have to worry about the SHIELD Act?

Yes. The SHIELD Act includes carve-outs for small businesses, but they are still required to implement “reasonable” cybersecurity safeguards. What is reasonable may depend on business size and resources.

Can individuals bring a lawsuit against companies for privacy violations?

New York’s laws primarily provide for enforcement by the state government, but in some cases, individuals may have the right to sue if they have suffered harm as a result of a data breach or privacy violation.

Does New York require encryption of personal information?

Under certain laws, such as the NYDFS Cybersecurity Regulation, encryption is required for businesses in specific regulated industries. The SHIELD Act requires reasonable security, and while it does not mandate encryption for all, it is often considered a best practice.

How does New York law apply to cloud computing providers?

If a cloud provider processes or stores the private information of New York residents, they may be subject to New York’s data privacy and security laws directly or indirectly through contracts with their clients.

What should a business include in a data breach response plan?

A good plan should cover how to detect and evaluate breaches, procedures for containment and mitigation, notification protocols, assignment of responsibilities, legal compliance, and post-incident evaluation for improving security practices.

Are there sector-specific data protection rules in New York?

Yes. Financial services, healthcare, education, and certain other sectors often have additional requirements based on both state and federal regulations.

How often should cybersecurity trainings or risk assessments be done?

Regulations such as the NYDFS Cybersecurity Regulation require at least annual risk assessments and ongoing employee training. Even if not required by law, regular updates are considered best practice.

Additional Resources

Here are some valuable resources and organizations that provide useful information or support for Cyber Law, Data Privacy, and Data Protection in New York:

• New York Attorney General - Internet and Technology Bureau: Offers consumer guidance and support regarding data breaches and privacy rights.
• New York State Department of Financial Services - Cybersecurity: Provides information and guidance for businesses subject to 23 NYCRR 500 regulations.
• Federal Trade Commission (FTC): Publishes guidance and resources for both consumers and businesses on avoiding data privacy violations and responding to cyber incidents.
• Identity Theft Resource Center: A non-profit organization helping victims of data breaches and offering prevention tips.
• International Association of Privacy Professionals (IAPP): Offers news, tools, and networking opportunities for privacy professionals.
• Numerous legal aid organizations in New York offer free or low-cost consultations for individuals and small businesses affected by cybercrime or privacy concerns.

Next Steps

If you believe you need assistance with a Cyber Law, Data Privacy or Data Protection issue in New York, consider the following steps:

• Document the facts about your situation, including any correspondence, evidence of unauthorized access, or notices related to a data breach.
• Review any relevant privacy policies, contracts, or employee agreements that might apply to your data issue.
• Contact a qualified attorney who specializes in Cyber Law or Data Privacy in New York - many offer initial consultations to assess your case and explain your rights.
• If you are a business, take steps to mitigate any ongoing security risks and consult with legal counsel before communicating with affected individuals or regulators.
• Stay informed about your obligations under both state and federal law, and make use of reputable resources for best practices and compliance tools.
• If you are at risk of harm from a data breach, such as identity theft, consider enrolling in credit monitoring services and taking preventive measures while your legal situation is being reviewed.

Consulting a legal professional familiar with New York’s cyber and data protection laws will help ensure your rights are protected and that you fulfill all necessary legal requirements.