Bender on Privacy and Data Protection is divided into four Parts. Part I treats U.S. federal law; Part II deals with U.S. state law; Part III is directed to international law; and Part IV concerns itself with specific privacy issues of interest that do not fit into any of the earlier Parts. Each Part has one or more Appendices, each of which contains information that supplements, summarizes, or otherwise relates to material set forth in one or more Chapters in that Part.
An attempt has been made to facilitate the use of this Treatise. Chapters have been broken into numerous subsections so that, by reviewing the Synopsis preceding each Chapter, the practitioner can quickly locate material of interest. Many long subsections are broken into blocks, each with an appropriate heading. The extensive Index, and the Table of Cases, located at the rear of the Treatise, will also help in locating material. Overviews have been included at the beginning of chapters to communicate chapter content succinctly. Boldface summaries introduce the more lengthy sections for the same purpose. And Practice Tips have been set out following the Overview to provide helpful information that might not come through in the substantive material. Extensive use has been made of segmentation and bullet points. Descriptions of pertinent commercial practices are offered to provide a background for application of the law. These devices should make the volume more user-friendly, and make it easier to quickly find material pertinent to the user’s purpose and to assimilate its content.
Some of the easy-to-use features of this Treatise that are directed to specific privacy issues include:
- A summary, and comparison, of the data security breach notification statutes enacted by more than 40 states (Chapter 22 Appendix);
- Best practices for dealing with a data security breach, before it happens and after it is over, including suggestions for an Incident Response Plan (Chapter 22);
- A list of considerations involved in drafting privacy policies, with some sample clauses (Chapter 41);
- A summary of state law privacy litigation, broken down by cause of action and state (Chapter 25);
- An extensive description of alternatives for exporting personal information from the EU, with advice on how to go about choosing the best alternatives for your client (Chapter 32; Chapter 32, Appendix 12);
- A parsing of the Fair Credit Reporting Act, including the Red Flag Regulations and the FACTA (Chapter 5);
- A summary of the complex CAN-SPAM Act, and a detailed discussion of the FTC CAN-SPAM regulations (Chapter 9);
- A detailed description of the FTC’s COPPA regulations, and a description of the available Safe Harbor alternatives (Chapter 8);
- A description of telemarketing, including a detailed parsing of the FTC’s Telemarketing Sales Rule (Chapter 8);
- A summary of the Gramm-Leach-Bliley Act FTC regulations (Chapter 6);
- A detailed analysis of the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules (Chapter 7);
- A summary of the privacy statutes of California (Chapter 23) and New York (Chapter 24);
- An exploration into the relationship between privacy and profit, with twelve reasons why privacy may contribute to profit (Chapter 44);
- An analysis of the privacy issues inherent in Cloud Computing (Chapter 43); and
- Extensive coverage of EU data protection law (Chapter 31).