Corporate Counsel | January.19.2016
Orrick attorneys Mark Mermelstein, Tony Kim,and Russell Cohen have co-authored an article entitled "Data Breach Logs: The New 'Hot' Document," which focuses on Canada’s new data breach law.
Below is an excerpt from the article.
Regardless of whether any company in the U.S. may ultimately be hauled into a Canadian court to defend against an alleged PIPEDA violation, companies may soon face the reality that they must log every data breach in a business record that is open for discovery. Accordingly, companies must carefully assess the potential risks and consequences of maintaining such a record, and how these risks affect other strategies in the data breach landscape.