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Data Privacy and Cybersecurity Law

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Data privacy and cybersecurity law governs how organizations collect, store, use, and share personal information, and how they must respond when that information is compromised. It draws on a patchwork of federal statutes, state laws, and regulatory guidance rather than a single unified code.

Common situations this area covers include data breaches in which hackers or insiders expose sensitive records, unlawful collection or sale of personal data, violations of a company's own privacy policy, unauthorized tracking of online behavior, and failures to implement reasonable security safeguards. Businesses that handle health records, financial data, or children's information face additional obligations under sector-specific federal laws such as HIPAA, the Gramm-Leach-Bliley Act, and COPPA.

Disputes can arise between individuals and companies, between business partners, or between companies and government regulators. Enforcement agencies—including the Federal Trade Commission at the federal level and state attorneys general—investigate violations and can impose significant penalties.

The legal landscape in this area shifts rapidly. States such as California, Virginia, Colorado, and Texas have enacted their own comprehensive consumer privacy statutes, and new legislation continues to emerge across the country. Rules vary considerably by jurisdiction, industry sector, and the type of data involved, so the obligations a business or individual faces depend heavily on specific facts and location. Anyone dealing with a data privacy or cybersecurity matter should consult a licensed attorney familiar with the current laws that apply to their situation.

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Related practice areas

Internet LawAgriculture LawBanking and Finance LawBusiness OrganizationsCannabis LawCommunications and Media LawContract LawEmployee Benefits and ERISA Law

Primary law

The governing U.S. Code, statutes and founding documents for Data Privacy and Cybersecurity Law.

Key definitions

Defined terms that recur in data privacy and cybersecurity law — each links to its dictionary entry.

PrivacyBreachConsentNoticeLiability

Data Privacy and Cybersecurity Law by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • Class Actions in Privacy Law - Paperback
    Class Actions in Privacy Law - Paperback
  • Digital Death, Digital Assets and Post-Mortem Privacy: Theory, Technology and the Law - Paperback
    Digital Death, Digital Assets and Post-Mortem Privacy: Theory, Technology and the Law - Paperback
    Edina Harbinja
  • Freedom of Information Act and Privacy Act Procedures (US Department of Homeland Security Regulation) (DHS) (2018 Edition) - Paperback
    Freedom of Information Act and Privacy Act Procedures (US Department of Homeland Security Regulation) (DHS) (2018 Edition) - Paperback
    The Law Library
  • You'll See This Message When It Is Too Late: The Legal and Economic Aftermath of Cybersecurity Breaches - Paperback
    You'll See This Message When It Is Too Late: The Legal and Economic Aftermath of Cybersecurity Breaches - Paperback
    Josephine Wolff
  • Data Protection and Privacy, Volume 13: Data Protection and Artificial Intelligence - Paperback
    Data Protection and Privacy, Volume 13: Data Protection and Artificial Intelligence - Paperback
  • US Privacy Professional Practice Exam: By Jasper Jacobs, CIPP/E, CIPP/US, CIPM, CIPT - Paperback
    US Privacy Professional Practice Exam: By Jasper Jacobs, CIPP/E, CIPP/US, CIPM, CIPT - Paperback
    Jasper Jacobs
  • Breaking Away: How to Regain Control Over Our Data, Privacy, and Autonomy - Paperback
    Breaking Away: How to Regain Control Over Our Data, Privacy, and Autonomy - Paperback
    Maurice E. Stucke
  • Privacy and Data Protection Law in Mexico - Paperback
    Privacy and Data Protection Law in Mexico - Paperback
    Cristos Velasco
  • Privacy and Data Protection in Law Israel - Paperback
    Privacy and Data Protection in Law Israel - Paperback
    Michael Birnhack
  • Data Protection and Privacy, Volume 12: Data Protection and Democracy - Paperback
    Data Protection and Privacy, Volume 12: Data Protection and Democracy - Paperback
  • Privacy in the Workplace: A Guide for Human Resource Managers - Hardcover
    Privacy in the Workplace: A Guide for Human Resource Managers - Hardcover
    Jon D. Bible
  • Public and Private Governance of Cybersecurity - Paperback
    Public and Private Governance of Cybersecurity - Paperback
  • Saudi Arabia Privacy Law - Paperback
    Saudi Arabia Privacy Law - Paperback
    Michael O'Kane
  • The Right to Privacy and Data Protection in the Information Age - Paperback
    The Right to Privacy and Data Protection in the Information Age - Paperback
    Almatarneh Akram M.
  • On Privacy and Technology - Hardcover
    On Privacy and Technology - Hardcover
    Daniel J. Solove
  • Managing Data for Patron Privacy - Paperback
    Managing Data for Patron Privacy - Paperback
    Kristin Briney
  • Privacy in America: Interdisciplinary Perspectives - Paperback
    Privacy in America: Interdisciplinary Perspectives - Paperback
  • Privacy on the Ground: Driving Corporate Behavior in the United States and Europe - Paperback
    Privacy on the Ground: Driving Corporate Behavior in the United States and Europe - Paperback
    Kenneth A. Bamberger
  • From GDPR confusion to privacy first marketing - Paperback
    From GDPR confusion to privacy first marketing - Paperback
    Vibeke Specht
  • A Citizen's Guide On Using The Freedom Of Information Act And The Privacy Act Of 1974 To Request Government Records - Paperback
    A Citizen's Guide On Using The Freedom Of Information Act And The Privacy Act Of 1974 To Request Government Records - Paperback
  • Our Data, Ourselves: A Personal Guide to Digital Privacy - Hardcover
    Our Data, Ourselves: A Personal Guide to Digital Privacy - Hardcover
    Jacqueline D. Lipton
  • Regulating Privacy: Data Protection and Public Policy in Europe and the United States - Paperback
    Regulating Privacy: Data Protection and Public Policy in Europe and the United States - Paperback
    Colin J. Bennett
  • Cybersecurity, Privacy and Data Protection in EU Law: A Law, Policy and Technology Analysis - Paperback
    Cybersecurity, Privacy and Data Protection in EU Law: A Law, Policy and Technology Analysis - Paperback
    Maria Grazia Porcedda
  • The Future of Reputation: Gossip, Rumor, and Privacy on the Internet - Paperback
    The Future of Reputation: Gossip, Rumor, and Privacy on the Internet - Paperback
    Daniel J. Solove

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.