Thursday, September 29, 2011

When E-Discovery breaches data protection




http://ow.ly/6Il5t

An article by Irene Bodle appearing on webanalyticsworld.net

This article discusses the impact that eDiscovery has upon data protection and privacy rights.

The article states that when litigation arises, you may be compelled to produce data that is subject to conflicting privacy protections. "The court order to disclose data may well conflict with compliance and privacy requirements in relation to data in the countries in which the data is actually held. However for the purposes of complying with a court order the actual location of the data and the local rules applying to the storage of the data cannot be used as a reason to refuse disclosure."

The author cites a recent situation where there was such a conflict, "For example in AccessData Corporation v ALSTE Technologies GmbH a US court ordered a German company to disclose emails stored in Germany as part of the disclosure process in a court case, although the company argued that this breached the German Data Protection Act."

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