What should a privacy professional do first if an employee reports potential illegal activity involving misuse of identifiable information?

When an employee reports potential illegal activity involving the misuse of identifiable information, the first step a privacy professional should take is to contact legal counsel. Engaging legal counsel early in the process is crucial because they can provide guidance on the applicable laws and regulations, assess the potential legal implications of the report, and ensure that proper protocols are followed.

Legal counsel can help determine the most appropriate course of action while protecting the organization’s interests. They are also essential in navigating the complexities associated with privacy laws and compliance requirements, which can differ based on jurisdiction and the specifics of the reported incident. This step is foundational to ensure that any subsequent actions taken preserve legal rights, minimize risks, and align with both internal policy and statutory obligations.

In contrast, notifying local law enforcement may be necessary later in the process if a crime is confirmed or imminent, but it should not be the first step without legal guidance. Referring the employee to HR may also be appropriate in other contexts, but when potential illegal activity is involved, legal counsel should be prioritized to prevent any missteps. Seeking assistance from the CFO is generally not suitable for handling issues related to privacy breaches, as their expertise lies in financial matters rather than legal compliance or privacy management.