Do You Think That the NIST Privacy Framework Helps?

28 January 2020 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

Law.com reported that with the January 16, 2020 release version 1.0 of the NIST Privacy Framework, NIST (National Institute of Standards and Technology)  ”… joins a chorus of advocates calling for companies to thoroughly understand its collection and storage of personal information.”  The January 24, 2020 report entitled “Companies Won't Find a Universal Privacy Framework With New NIST Release” about the NIST Privacy Framework which follows the structure of the 2018 NIST Framework for Improving Critical Infrastructure Cybersecurity, and included these comments from Naomi Lefkovitz (the Framework’s privacy lead) about the Privacy Framework:

…described it as “building blocks” to develop privacy, consumer trust and demonstrate how a company is meeting compliance regulations.

…this framework was needed to encourage a holistic, ongoing approach to privacy, instead of a rigid, linear process that may not fully address all privacy concerns.

I think we’ve seen with some of the approaches to privacy is the checklist approach with transparency principles where I put out a privacy notice that it turns out no one reads but I check the box on transparency,…

If no one is reading it, what privacy are they gaining? Are they effective solutions?

To be sure, while the suggested framework isn’t necessarily game-changing, it is a welcomed assistance to help companies better understand and mitigate their risk.

Privacy is something of a mess in 2020 between GDPR, CCPA, and other pending state privacy laws! What do you think?


This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Authors