Discriminating between disclosure and discovery – a recap

Some questions come round so often that it is easiest to refer to the last time I answered them, or the time before, or the time before that.

I come across Alison North at information governance events – she is an International consultant on IG and we have done a couple of panels together with Nuix in New York and London.

She was attending a conference of the Information and Records Management Society Public Sector Group today, and someone there asked for an explanation of the difference between eDiscovery and eDisclosure.

Having collected together earlier articles of mine which address this subject to send her, it makes sense to put them here.

The first is from an article I wrote in 2011. Most of it was about other subjects, so I will just give you the relevant extract:

Discovery_Disclosure

At the end of 2011 I wrote a whole article dedicated to the subject called You say eDisclosure, I say… whatever is right for the context. The answer is almost contained in the title. The main point is that the Civil Procedure Rules of England & Wales use the term “disclosure”, and if that is your context then that term must be used. “Disclosure” is also, of course, a generic term which embraces all kind of information transfer.

The second article, from August of this year, is called Getting the eDiscovery / eDisclosure terminology right when selling to lawyers which includes a link to a useful article called eDiscovery / eDisclosure in the EU by Jonathan Maas of Huron Legal and Vince Neicho of Allen & Overy.

There is inevitably some repetition between articles written on the same subject at different times, but, as Dr Johnson said, “What is read twice is commonly better remembered…”

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About Chris Dale

I have been an English solicitor since 1980. I run the e-Disclosure Information Project which collects and comments on information about electronic disclosure / eDiscovery and related subjects in the UK, the US, AsiaPac and elsewhere
This entry was posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal and tagged , , . Bookmark the permalink.

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