**Privacy Never Sleeps — And Neither Do Privacy Lawyers**

Karen, a white woman with brown eyes and brown hair, wears a black suit.By Karin M. McGinnis
Chair (for a few more hours), NCBA Privacy & Data Security Section

Anything keeping you up at night?

If you practice privacy law, the answer is almost certainly “yes.” At any given moment, somewhere in North Carolina, a privacy lawyer is:

• refreshing a state legislature page,

• rereading a regulator’s “informal” guidance that is anything but informal, or

• explaining (again) that “it depends” is actually a complete answer.

The image shows a blue owl sitting on a tree branch and a yellow moon behind it with stars in the sky. The text below it reads, "Privacy Never Sleeps: North Carolina Bar Association Privacy & Data Security Section."

In a prior article, I told you that our Section now has stickers. And I am pleased to report that this one — with an iconic owl — is proof positive that the NCBA PDS Section is cool. Full credit goes to Shannon Ralich, and Erin Robbins’ marketing team at the NCBA, (because every good idea needs both a great mind and follow-through . . . and occasionally someone willing to say “yes, we should absolutely make stickers”).

The sticker says it all: Privacy Never Sleeps. The slightly less-official tagline, of course, is that neither do privacy lawyers (particularly when something hits your inbox at 9:57 p.m. on a Friday).

**Why an Owl? (Besides the Obvious)**

  • Owls can rotate their heads up to 270 degrees — much like privacy lawyers tracking a data flow diagram across multiple departments, contracts, vendors and jurisdictions.
  • Owls are nocturnal — so are privacy lawyers when a breach notification clock starts ticking.
  • Owls have excellent hearing — similar to privacy lawyers hearing the phrase “we may have accidentally uploaded a spreadsheet with social security numbers . . .” from three rooms away.
  • Owls are silent hunters — just like privacy lawyers quietly fixing problems before anyone notices (and hoping it stays that way).

The sticker captures what we all know: privacy is always evolving, always watching, and always requiring vigilance (and, occasionally, caffeine).

**Privacy Law Update (In Case You Tried to Get a Little Shut Eye)**

If you were hoping things might slow down this year (optimistic, but I respect it) . . . they did not.

We continue to see:

– Additional state privacy laws coming online (each similar, but never quite the same),

– Increased focus on targeted advertising, sensitive data, protection of minors and consumer rights,

– Increased cybersecurity threats,

– Moving targets with respect to AI legislation, and

– Regulator guidance and executive orders that answer one question and raise at least three more.

So yes, privacy still does not sleep (and it occasionally sends late-night emails).

**A Slightly More Serious Point (Still With Parentheticals)**

I have said this before — and I will say it again — working with other privacy lawyers is key.

At some point this year, I have:

– bounced an issue off another Section member,

– asked whether something “felt right” (a highly technical legal standard), and

– gotten practical, thoughtful input from people I trust.

That last part is not accidental. It comes from being involved in this Section — getting to know people, working together, and building the kind of relationships where you can send an email that starts with “quick question” (and know it will be answered).

**Your (Friendly) Reminder to Get Involved**

If you have been thinking about getting more involved, consider this your continued nudge. No, actually, I am done nudging. You should really just do it.

The Privacy & Data Security Section has several ways to jump in, including committees focused on:

– Programming & CLEs (for those who enjoy organizing content or speaking)

– Publications (for those who like writing, editing or vlogging — yes, you)

– Legislative & Regulatory Developments (for those tracking what is coming next)

– Membership & Outreach (for connectors and community-builders)

– Resources (practical tools, guidance, and helping all of us do our jobs more efficiently)

– Pro Bono (for those who know that privacy and data security hits our most vulnerable populations the hardest).

You can learn more here: https://www.ncbar.org/members/communities/sections/privacy-data-security/.  There will be an official sign-up later this summer. You can also connect with other Section members via our Listserv. [email protected]

**Thank You (Truly)**

As I wrap up my time as Chair, I want to thank all of you — our leadership team, committee members, contributors, NCBA staff, and engaged Section members — for a great year. Your Section chair for the 2026/2027 bar year is Shannon Ralich. She is nothing short of amazing. Not only was she instrumental in the achievements of the Section this year, she is an expert in privacy and data security law. She is someone worth knowing, and I have every confidence that she will lead the Section through another great year.

**Final Thoughts**

Privacy never sleeps.
The law will keep evolving.
There will always be new questions (and new guidance explaining why the answer is still “it depends”).
But the good news is this: You have a community of people who are navigating it with you.

Now, go get some rest. We’ll be here when you get up.

/by