The value of legal privilege: Your diligent privacy consultant may become your worst enemy

A diligent privacy consultant will do a thorough privacy impact assessment, a threat risk assessment or a gap analysis. They'll take a thorough look at your current practices and benchmark them against not just your competitors but against best practices. Most companies will fall short in one way or another, and many will decide to only address 70% of the risks identified. But what about the other 30%? If you're later sued, your consultant's report will suggest to a judge or a jury that you decided not to get your house in order. What might have been negligence can quickly become recklessness. The reality is that nothing that a consulant produces for you — unless they are properly teamed with legal counsel — will be privileged. I've seen loads of consultants who mark their reports as privileged, but a legend on a document will never stand up in court. I'm involved with a class action lawsuit where the defendant had, on multiple occasions, brought in…

Read more detail on Recent Technology posts –

This entry was posted in Technology & Cyberlaw and tagged , , , , , , , , . Bookmark the permalink.

Leave a Reply