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Please read below for more information about an independent clinical opportunity with the Data Privacy and Security Division of the Massachusetts AG’s office for Fall 2021.  This placement will be all-remote.

Please note that independent clinical projects are open to 2L and 3L students who are U.S. citizens.  More information about the requirements of the independent clinical program can be found here: https://hls.harvard.edu/dept/clinical/clinics/independent-clinical-work-program/

Interested students should submit a resume to clinical@law.harvard.edu by the end of day on Friday, July 16.

OCP will contact students to let them know the status of their application later in the week.  Accepted students will be asked to complete the online pre-approved independent clinical application and will receive more information about how to begin the security clearance process with the AG’s office.

 

Massachusetts Attorney General: Data Privacy and Security Division – Independent Clinical Project

3 fall clinical credits (12 hours/week)

Accepted students will be asked to submit a pre-approved independent clinical application and will be required to go through the AG’s security clearance process, which generally takes 2-3 weeks.

The Office of the Attorney General in Massachusetts does not allow students to participate in the Tenant Advocacy Project, Prison Legal Assistance Project or Harvard Defenders while working with the AG. Other activities or employment may also not be allowed.

Students will work with and assist civil enforcement attorneys in the Data Privacy and Security Division of the Massachusetts Attorney General’s Office. The Division aims to protect consumer privacy and personal information by enforcing the Commonwealth’s Data Breach Notice Law (Gen. L. c. 93H), Data Security Regulations (201 CMR 17.00), Consumer Protection Law (c. 93A), and other laws pertaining to data privacy and security in trade or commerce.  The scope and type of conduct and business practices investigated by the Division is broad, focusing on data breaches, corporate data security practices, online privacy, algorithmic discrimination, internet fairness and equity, child privacy, health privacy, privacy issues attendant to COVID-19, and new and emerging technologies. Opportunities exist for students to gain practical legal experience, including drafting of legal pleadings, utilizing government investigative techniques, conducting legal research and writing, and working on community outreach materials.

Work and Projects

With assistance and oversight by practicing attorneys, potential projects for clinical students may include –

  • Drafting and Design of Community Outreach – Devise a privacy issue that would benefit from community outreach, and draft and implement a strategy for getting the message out.
  • Cease & Desist/Informal Enforcement – SAssist in identification of businesses that are violating Massachusetts laws, and draft communications and notify those businesses of the legal violation.
  • Target Identification –Investigate and identify one or more potential targets for investigation, accounting for potential investigative success and the priorities of the AGO.
  • Legal Research and Writing – Identify an existing privacy problem and assess whether such a practice is illegal under Massachusetts law. Students may also address and write memos on specific issues that arise in litigation and investigations.
  • Litigation Support – Aid in document review, identifying relevant documents for existing investigations.
  • Discovery –Assist in drafting and preparation of Civil Investigative Demands or Subpoenas, or deposition preparation. Students may be permitted to attend depositions that occur at the AGO.
  • Motion Practice– Assist in drafting and researching in support of motion practice that may happen in the Division. Students may be permitted to attend hearings that occur in Boston.
  • 93H Data Breach Notice and Review –Reviewing and identify legal issues that may be present in data breach notifications submitted to the AGO, and, with supervision, respond appropriately.