Investigations, Privacy and Data Security Issues

When conducting internal investigations, it is critical to understand and consider various U.S. and international privacy and data protection laws. Some of the key laws investigators must consider include the Electronic Communications Privacy Act, the Fair Credit Reporting Act, and the Health Insurance Portability and Accountability Act. In addition, Sarbanes-Oxley in the United States and privacy and data security regimes in other countries and regions, for example Australia and the European Union, contain critical data security provisions, of which internal investigators must be aware. This chapter also includes discussion of other laws pertaining to the subject, such as the Children’s Online Privacy Protection Act, the Communications Act, and the Driver’s Privacy Protection Act.