Outlook

Looking ahead to 2009, what do the top firms see unfolding in the privacy marketplace? Several see an evolution of privacy regulations not letting up during an economic downturn.

Erin Egan, a partner at Washington-based Covington & Burling, expects that the new congress and the administration will more actively legislate and enforce consumer-privacy protection. "The rapid evolution of data protection regimes around the globe, demonstrated recently by new laws enacted in such places as Russia and Uruguay," will also drive corporate privacy agendas, she added.

"The privacy landscape is becoming much more complex both domestically and internationally," echoed Mary Ellen Callahan, a partner at Washington-based Hogan & Hartson. Callahan points to new data-security regulations in Massachusetts and Nevada as barometers of future activity at the U.S. state level. She also sees an Obama administration potentially supporting federal privacy legislation covering all sectors. A "new data-breach notification scheme" in the EU is also a possibility, she added.

"I believe companies will be evaluating how legislative proposals in the new congress -- in areas including data security and online behavioral advertising?? would impact their businesses," opined Stu Ingis, a partner at Venable and second in votes for top individual expert.