What Is a Privacy Attorney?

Privacy attorneys handle a range of matters including NCII cases, data breach claims, harassment and defamation, right of publicity, and digital stalking. In the NCII context, a privacy attorney is most valuable when: a platform has failed to comply with a Section 223a notice and litigation is needed; a perpetrator has been identified and you want to sue for damages; criminal prosecution support is needed; or the case is complex (multiple perpetrators, international platforms, or ongoing threats). ScanErase handles the biometric scanning and legal notice process; a privacy attorney handles the litigation and strategy that follows if needed.

Key facts about this term

1. Hire a privacy attorney when platforms don't comply If a platform fails to remove NCII after a valid Section 223a notice, a privacy attorney can file suit seeking injunctive relief and statutory damages.
2. Privacy attorneys can also pursue the perpetrator Identifying and suing the person who posted your NCII requires legal process — subpoenas to platforms to unmask anonymous posters. A privacy attorney manages this process.
3. Many privacy attorneys work on contingency for NCII cases Because the TAKE IT DOWN Act provides for attorneys' fees in successful cases, some privacy attorneys accept NCII cases on contingency — no upfront payment required.