Big Law and Big Data: On What’s Legal and What’s Creepy

When it comes to Big Data — combing large datasets to unearth previously undiscoverable patterns in consumer behavior — the line between what’s permissible and what’s proper can be a fine one.

At a panel discussion at the New York State Bar’s Annual Meeting last week, Marc Roth, a privacy lawyer at Manatt, Phelps & Phillips, said his clients are frequently coming up with new ideas that make him nervous.

“When companies ask me, ‘Can we do this?’ sometimes I give two answers: it’s not illegal, but it’s kind of creepy. And you might not want to do it for that reason,” Roth said. ...