Privacy Library
Employee Privacy: Guide to U.S. and International Law
Contact: Miriam Wugmeister
Morrison & Foerster was among the first full-service law firms to develop a dedicated practice to advise clients on issues
pertaining to the privacy and security of information. Today, the firm has more than 60 attorneys around the world addressing
privacy issues, several of whom were instrumental in the drafting of key pieces of legislation in the field.
The firm advises and represents clients on a wide range of privacy issues both in the U.S. and internationally, including
data security and regulatory compliance; employee privacy; web site and online privacy issues; industry-specific privacy issues
facing sectors such as financial services and healthcare; and international data protection. Clients include financial institutions
(including banks, insurance companies, and securities firms), hardware and software companies, healthcare providers and health
plans, payment systems providers, retailers, telecommunications networks, medical device companies, entertainment companies
and content providers.
In the global information economy, organizations face many pressing privacy issues and require legal advice and representation,
relating to the development and implementation of privacy policies and training programs; enforcement of privacy policies
against improper uses of information; crossborder information transfers; commercial transactions that implicate or focus on
the use of personal information; formulation of responses to security breaches and inadvertent disclosures of personal information
relating to employees or customers; international and domestic anti-spam legislation; telemarketing regulation; and advocacy
efforts worldwide for the enactment of business- and consumer-friendly privacy laws. The firm also assists clients regarding
privacy issues that arise out of business transactions (mergers and acquisitions, joint ventures and co-branding arrangements)
and provides representation in high-profile litigation involving privacy issues. Morrison & Foerster provides up-to-date,
customized training on privacy and data security issues for both legal and non-legal personnel. More information on Morrison
& Foerster training programs is available online.
Morrison & Foerster has deep domain expertise in the area of financial services privacy, dating back to our involvement in
the enactment of the Fair Credit Reporting Act (FCRA) of 1970 (and its subsequent reform in 1996). The firm has worked with
legislators and regulators on the privacy provisions of the Gramm-Leach-Bliley Act, and is routinely engaged by financial
institutions on matters such as preparing privacy policies and procedures; representing clients in investigations by state
attorneys general regarding privacy practices; drafting and implementing guidelines for the use of shared data systems; drafting
service provider agreements; counseling regarding data security and standards; and performing related privacy practice compliance
work.
The firm is also skilled at working with clients regarding the privacy of healthcare information, including consent to medical
procedures, informed consent for clinical trials, billing and payment for health care services, and transaction related issues.
In 2000, the U.S. Congress enacted the Health Insurance Portability and Accountability Act (HIPAA), a comprehensive federal
regulatory scheme to protect the privacy of health information. The firm's attorneys have extensive expertise on HIPAA privacy
requirements. Based on this expertise, the firm strategically advises clients on the complex issues that may require changes
to critical methods of doing business to comply with HIPAA. The firm assists clients with healthcare information privacy issues
raised by state and international laws as well.
Morrison & Foerster also has extensive experience relating to online privacy issues. The firm has represented online service
providers in landmark privacy litigation and has assisted some of the largest players in the Internet industry in drafting
web site privacy policies and in complying with U.S. privacy laws such as the Children's Online Privacy Protection Act. Additionally,
the firm has worked with many multinational companies to craft their international online presence in order to avoid the pitfalls
presented by evolving international online privacy laws. The firm's work in this area is complemented by its extensive technology
transactions and intellectual property practice.
As an international law firm, Morrison & Foerster has extensive experience coordinating cross-border privacy strategies for
clients. The firm's attorneys have far-reaching experience advising clients on compliance with European Union and Member State
privacy and data protection laws, and have devised compliance programs and advised clients on privacy issues in Japan, Hong
Kong, China, Australia, Chile, Argentina Paraguay and Canada.
