California’s New Privacy Law Certification

Did you know that California is introducing a specialty certification in privacy law – a development that will revolutionize how we identify and validate expertise in this rapidly evolving field? A State Bar group just approved a list of exam, work experience, and application requirements that attorneys would need to complete before they could advertise themselves as experts in privacy law. In my opinion, this is great news.

In my mediation practice, and previously as a litigator, I’ve witnessed firsthand the complexities that arise when dealing with privacy disputes. From data breaches affecting millions of consumers to AI-driven privacy concerns in emerging technologies, these cases require deep, specialized knowledge.

The proposed certification goes far beyond basic competency. From my experience, I can tell you this is exactly what our field needs – a way to distinguish true privacy law experts from those who merely dabble in the space. This certification will serve as an objective benchmark for expertise in everything from data security to artificial intelligence privacy concerns.

Here are the proposed certification requirements:

  • A points-based application demonstrating substantial involvement in privacy law
  • A specialized examination
  • Mandatory continuing legal education
  • Professional recommendations from peers

California currently certifies specialists in 11 legal areas, with privacy law its first addition in over 15 years. The timing couldn’t be better, given the exponential growth in privacy-related disputes we’re seeing in mediation practices. Only about 4,800 attorneys currently hold specialty certifications (out of nearly 196,000 licensed attorneys in California), this new privacy certification promises to be both prestigious and practical.

The state’s privacy law community is already substantial, with roughly 1,200 members in the California Lawyers Association’s privacy section. This existing community demonstrates the robust demand for specialized privacy expertise.

I see this certification as a crucial step forward. The path to certification will be challenging, but that’s exactly what makes it valuable. It needs to be difficult to ensure that when clients seek out a privacy law specialist, they’re getting genuine expertise. For those of us working to resolve privacy disputes, the involvement of certified specialists will be invaluable in facilitating resolution on these complex cases.

What excites me most is how this certification will elevate the entire field of privacy law. It will bring more consistency to privacy practices of online services because specialists will be “up to speed” on regulatory developments and key court decisions. Even for attorneys who don’t pursue certification, the program will create more educational opportunities and resources. As a mediator, I’ve seen how crucial continued education and expertise are in this field, and this certification program promises to raise the bar for everyone involved in this critical, rapidly changing area of law.

About the author

Timothy Alger

Tim Alger is a full-time mediator based in California who specializes in resolving disputes involving business competition, commercial transactions, intellectual property, online speech, civil rights, advertising, defamation, privacy, and the legal cannabis industry.

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