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Seth Berman Authors Article on the Importance of Consumer Privacy Policies in Law360
Print PDFSeth Berman, the leader of Nutter’s Privacy and Data Security practice group, wrote an article discussing how October’s “Vita v. New England Baptist Hospital” ruling prevented a flood of future litigation against Massachusetts companies using common website tracking tools in Law360. In the article, “Data Privacy Landscape After Mass. Justices’ Wiretap Ruling,” Seth notes that although the ruling was a win for Massachusetts organizations, “often the biggest legal risk to a new technology comes not from newly written statutes addressing that technology, but from old statutes that use language that extends far beyond the imagination of the original drafters but can now be understood to address new technological challenges.”
Seth reminds the readers that “virtually every new technology comes with legal risks, even if there is not yet specific regulation related to that technology,” underscoring the importance for organizations to review their privacy policy. He recommends the Massachusetts Legislature enacts an up-to-date general consumer privacy law going into 2025.
