Wednesday, May 30, 2012

U.S. Cross Border Ediscovery vs. EU Data Protection: Clash of the Titans



http://ow.ly/beWvp

An article by Monique Altheim posted on the EDiscovery Map blog.

This article provides insight into the conflict between EU privacy protections and US eDiscovery obligations. The article provides a link to a deck of powerpoint slides that the author used at a recent presentation she provided at the Legal Tech West conference which was subtitled "Clash of the Titans".  The article also provides a link to presentations the author was involved in at the recent CPDP conference held in Brussels.

The article states, "The subtitle “Clash of the Titans” derives from the fact that on the one hand the U.S. has the broadest pre-trial civil litigation discovery procedure on earth, while on the other hand the EU has the most stringent data protection framework on the planet. Trying to collect and transfer terabytes of data, most of which contain personal components, in the EU, where data protection is a fundamental right and very heavily regulated, is indeed quite a challenge.
In this presentation, I analyzed the U.S. jurisprudence on the extra-territorial application of U.S. ediscovery obligations as well as the EU guidelines concerning personal data collected while conducting U.S. civil ediscovery in the EEA."

Among the slides included in the referenced slide deck was the following slide, which provides a foundation for the discussion about the inherent conflict between the EU and the US on this topic:



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