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An article by Nolan Goldberg posted on the Privacy Law blog of the law firm Proskauer's website, discusses a new ABA Resolution, aimed at compelling U.S. litigants to comply with privacy regulations of foreign jurisdictions, when such regulations impact U.S. litigation.
The article states, "Litigants navigating the conflict between U.S. discovery obligations and foreign data protection laws have a new ally, the American Bar Association (“the ABA”). The ABA recently passed Resolution 103, which “urges” that:
[W]here possible in the context of the proceedings before them, U.S. federal, state, territorial, tribal and local courts consider and respect, as appropriate, the data protection and privacy laws of any applicable foreign sovereign, and the interests of any person who is subject to or benefits from such laws, with regard to data sought in discovery in civil litigation." A link to the full text of the resolution is provided in the article.
The article further states, "The ABA’s involvement with this issue is particularly timely, as it has recently become apparent that new data analytic technologies have weakened the effectiveness and reliability of anonymization, one of the primary mechanisms available to litigants to navigate cross border discovery conflicts. See e.g., The Practice of Law in the Age of Big Data, Nat. L. J., April 11, 2011." A link to the reference article is also provided by the author.
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