Shankland Explains Internet of Things for Corporate Disputes

Corporate Disputes interviewed Shook Partner Russell Shankland on emerging technologies and liabilities associated with the Internet of Things (IoT) for the July-September 2020 issue. Shankland answered questions about the pervasiveness of the IoT and risks and concerns that stem from its use as well as about how producers can protect themselves from liability risks. “The first step is to design the device or platform to protect the security, confidentiality and integrity of personal information collected from or about consumers,” Shankland explains. “The second step is to ‘warn’ customers. Customers should be informed how data will be used.”

“For consumer data collected using IoT devices, a patchwork of incongruent state statutes benefits no one and creates compliance nightmares,” Shankland asserts. “Eventually, proliferation of IoT devices, and ensuing disputes about data security and privacy, will force action. When that happens, it will be important to apply lessons learned from the California Consumer Privacy Act and the EU’s General Data Protection Regulation and to carefully balance the individual right to data privacy with the substantial burdens placed on those obligated to comply.”