Privacy law sits at the intersection of individual rights and business obligations. Whether you are a business trying to comply with a patchwork of state and federal privacy regulations or an individual whose personal information has been misused, Revision Legal’s privacy attorneys provide the legal guidance you need. We represent businesses and individuals on both sides of privacy disputes, from crafting compliant privacy policies to pursuing claims when privacy has been violated.
The privacy compliance landscape has grown dramatically more complex in recent years. Businesses operating online must navigate COPPA, CCPA, GDPR, HIPAA, the FTC Act, CAN-SPAM, and a growing array of state-specific statutes. Each imposes distinct requirements on data collection, processing, retention, and disclosure.
The Children’s Online Privacy Protection Act (COPPA), enforced by the FTC, requires operators of websites and online services directed at children under 13 to obtain verifiable parental consent before collecting personal information. Penalties for COPPA violations can reach $50,120 per violation per day.
The California Consumer Privacy Act (CCPA), as amended by the CPRA, grants California consumers rights to know, delete, and opt out of the sale of their personal information. Businesses that meet the CCPA’s thresholds must update privacy notices, create opt-out mechanisms, and respond to consumer rights requests within specific timeframes.
The European Union’s General Data Protection Regulation (GDPR) applies to any business that processes the personal data of EU residents, regardless of where the business is located. GDPR compliance requires lawful bases for processing, data subject rights procedures, data processing agreements with vendors, and breach notification protocols.
A privacy policy is not simply a formality. It is a legally binding representation to your users and regulators about what data you collect and how you use it. Revision Legal’s attorneys draft privacy policies that accurately reflect your data practices, comply with applicable law, and are written in plain language that your users can understand.
We also review existing privacy policies to identify gaps, outdated practices, and provisions that may expose your business to regulatory enforcement or private litigation. If your business has recently changed its data practices—by adding new features, integrating third-party analytics, or launching a new product—your privacy policy likely needs to be updated.
Beyond regulatory compliance, privacy law encompasses a body of state common law torts that protect individuals from intrusions by private parties. These torts include:
These claims are available under state law in most jurisdictions, though elements and available remedies vary. Some states also recognize a right of publicity, which protects individuals against commercial exploitation of their identity without consent.
When a data breach occurs, businesses face simultaneous obligations: investigating the breach, notifying affected individuals and regulators, and managing litigation risk. All 50 states now have breach notification laws, and federal regulators including the FTC and HHS have authority to investigate and penalize businesses for inadequate data security. Revision Legal can help you respond to a breach efficiently, navigate notification requirements, and implement measures to prevent recurrence.
When your privacy has been violated—whether through an unauthorized disclosure, the publication of personal photographs, unauthorized use of your likeness, a data breach that exposed your sensitive information, or illegal surveillance—Revision Legal’s attorneys can assess your claims and pursue the available remedies. We have successfully removed harmful content from the Internet, pursued damages for unauthorized disclosure of private information, and enforced intellectual property rights in private photographs.
Privacy law is a rapidly changing field, and the cost of getting it wrong—in regulatory fines, litigation exposure, and reputational harm—can be severe. Contact Revision Legal’s privacy attorneys today to discuss your business’s compliance needs or your rights as an individual whose privacy has been compromised.
The United States now has more than a dozen state comprehensive privacy laws in effect or taking effect in the near future. Following California’s lead with the CCPA and CPRA, Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Texas (TDPSA), Oregon (OCPA), Montana, Iowa, Indiana, Tennessee, Delaware, New Hampshire, New Jersey, and more have enacted comprehensive privacy statutes. The specifics vary, but the common elements are consumer rights (to know, access, delete, correct, and opt out) and business obligations (to provide privacy notices, respond to consumer requests, and conduct data protection assessments).
For businesses that operate nationally and collect consumer data, this proliferation of state laws creates a compliance challenge. Building compliance programs that satisfy the most demanding requirements (typically California) while accounting for the specific nuances of each state’s law requires ongoing legal attention. The most efficient approach is to identify the requirements that appear across multiple statutes and build baseline practices that meet them, then layer state-specific requirements on top.
A legally compliant privacy policy must accurately describe what personal information your business collects, why it is collected, how it is used, who it is shared with, how long it is retained, and what rights consumers have with respect to their information. Generic privacy policies that do not reflect actual data practices create a dual problem: they fail to satisfy disclosure requirements and they expose the business to FTC Act Section 5 claims for deceptive practices when their stated practices diverge from actual practices.
Privacy policy compliance requires a data mapping exercise—understanding what personal information your business actually collects, where it comes from, where it goes, and how long it stays. Only after that mapping is complete can an accurate, compliant privacy policy be written. Revision Legal conducts data mapping exercises with clients as part of privacy policy development engagements.
Even businesses with robust privacy compliance programs experience privacy incidents—unauthorized access to customer data, misdirected emails containing personal information, or system vulnerabilities that could expose data. When an incident occurs, the legal response timeline is compressed:
Pre-incident planning—including an incident response plan, vendor contracts with security obligations, and insurance coverage—reduces both the cost and the legal exposure associated with privacy incidents. Revision Legal helps businesses build incident response programs before they need them.
Privacy law is moving faster than most businesses can track, and the cost of non-compliance—regulatory fines, class action exposure, and reputational damage—is substantial. Revision Legal’s privacy attorneys help businesses build, maintain, and update privacy compliance programs and help individuals enforce their privacy rights when they have been violated. Contact us today to discuss your privacy law needs.
California’s revised CCPA regulations offer some compliance clarity but leave significant questions unanswered. Here’s what businesses need to act on now.
Read more about Revised CCPA Regulations: Guidance and Uncertainty
Revenge porn involves the non-consensual distribution of intimate images to harm a victim. Revision Legal’s internet attorneys explain the legal definition and remedies for revenge porn victims.
Read more about What is Revenge Porn? Legal Definition and Remedies
Montana’s data breach notification law requires businesses to notify residents when their personal information is compromised. Here’s what the law requires and who must comply.
Read more about Montana Data Breach Notification Law Explained