Many of the firm’s efforts in the fields of privacy and data security involve working directly with legislators and regulators to address emerging public policy issues.  We have lobbied, monitored, and advised at both the federal and state levels, and we have also lobbied and advised on European Union (EU) and Member State legislation regarding data protection.

Through our practice, we have developed extensive contacts at regulatory agencies, in Congress, and throughout the EU.  We have worked closely with these contacts to help shape the major privacy and security policy issues of our day.  We regularly appear before legislative and regulatory bodies to testify about the implications of various privacy initiatives on both online and off-line activities.

Covington lawyers have been deeply involved in the legislative and regulatory processes that produced key legislation in the areas of financial privacy, health information privacy, and children’s online privacy.  In addition, we were asked to advise the European Commission in connection with implementing the EU-U.S. Safe Harbor arrangement for the transfer of data to the United States.  We also provided expert testimony before EU authorities regarding compliance issues encountered by multinational companies.

We actively monitor new legislative proposals implicating privacy and data security issues.  Our work involves frequent contact with congressional members and staff, drafting legislation and amendments, and preparing testimony.

Representative Matters

  • Testified before the Senate Banking Committee and state legislatures on the scope and meaning of the GLB Act’s privacy provisions, including repeated and extensive appearances before California legislative committees on pending legislation to increase financial institution privacy obligations.
  • Testified before the House Ways and Means Subcommittee on proposals to limit the use of social security numbers as unique identifiers.
  • Prepared testimony for Congressional hearings on federal data security and identity theft legislation.
  • Filed agency comments and consultation papers in connection with proposed regulations in areas including commercial email, telemarketing, fax advertising, and data retention.
  • Consulted with various Eastern European agencies regarding the implementation of national data privacy legislation and compliance with EU requirements.
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