Category Archives: Data privacy

Technology Law Conference 2015 in Singapore: the Future of Money and Data

The Singapore Academy of Law is organising a conference to take place in Singapore on 29 and 30 June. It is called Technology Law Conference 2015: the Future of Money and Data. Its theme is that technology offers both utopian … Continue reading

Posted in Cross-border eDiscovery, Data privacy, Data Protection, Data Security, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Singapore | Leave a comment

More on accessibility of data – judicial imperialism, the right to be forgotten, and spies

There is more to data accessibility than eDiscovery / eDisclosure which is my main subject. The use of data in one jurisdiction which exists in another is of growing concern, and not just to lawyers. The subject comes up again only … Continue reading

Posted in Cross-border eDiscovery, Data privacy, Data Protection | Leave a comment

Conflicting positions on accessibility of data

Neil Cameron wrote recently about two different aspects of accessibility of data in an article called Update on US land grab for foreign emails. One is the demands made by the courts and authorities of one country (usually the US) … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDiscovery | Leave a comment

Blurmany and Spain, you and me – the trade-off between convenience and privacy

Loss of privacy is the price we pay for the convenience of Internet and mobile technology. Different countries and different age groups accord varying degrees of value to the one and to the other. Germany and Spain have their own … Continue reading

Posted in Data privacy, Data Protection, Data Security, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Nigel Murray gets hip – and rides again for Help for Heroes

eDiscovery and data privacy consultant Nigel Murray is again cycling across northern France on the Big Battlefield Bike Ride between 1 and 8 June in support of Help for Heroes. Two things make this a special year – one is … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Washington and New York to Mitchell via privacy, Singapore and Lobachevsky

The problem with running a website which offers news and updates is that people notice when it lies silent – the essence of news is that it is new. In fact, I have never aspired to timeliness and, as I … Continue reading

Posted in Chris Grayling, Commercial Court, Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, FTI Technology, LegalTech, Ministry of Justice, Nuix, Singapore, ZyLAB | Leave a comment

Evidence, privacy and proportionality at Lawtech Europe Congress in Prague

I have no particular ambition to write up events as soon as they finish. Distance lends perspective, and anything worth reporting at all will be as valuable a couple of months later. The Civil Procedure Rules of England and Wales … Continue reading

Posted in Andrew Haslam, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Huron Legal, Nuix | Leave a comment

UK court orders disclosure against French party despite Blocking Statute

Those who have read my occasional fulminations about US courts ordering discovery in breach of French blocking statutes will recall that much of the argument turns on whether the French will actually enforce the statute by imposing penalties on those … Continue reading

Posted in Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Germany moves to restrict US data transfers as PRISM concerns grow

Buried deep in my article Cross-border discovery and privacy gaps widen thanks to PRISM and trolls was a reference to an article by Hunton & Williams called German DPAs Halt Data Transfer Approvals and Consider Suspending Transfers Based on Safe … Continue reading

Posted in Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, ZyLAB | Leave a comment

Cross-border discovery and privacy gaps widen thanks to PRISM and trolls

The eDiscovery world was not gracious enough to take a break while I was travelling recently, and I come back to a mass of things to write about. Having cleared out the things with deadlines – webinar notices and the … Continue reading

Posted in Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Vivian Reding: The overhaul of EU rules on Data Protection: making the single market work for business

Vivian Reding is Vice President of the European Commission and EU Justice Commissioner. Here is a link to the text of a speech given on 4 December 2012 in which she explains why she thinks we need a new data … Continue reading

Posted in Brussels, Data privacy, Data Protection | Leave a comment

A Hong Kong eDiscovery snapshot in the company of Epiq Systems

On the surface, my area of professional interest looks pretty narrow. When I launched the eDisclosure Information Project, its proposed scope was implied by the word “eDisclosure” – only the civil jurisdiction of England and Wales uses the term “disclosure”, and … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Hong Kong, iCONECT, KCura, Singapore | Leave a comment

What is legal when collecting and processing personal data?

As with so many subjects, cross-border discovery has many aspects to cover, and it is sometimes helpful to pull out a sub-set and look at it on its own. A helpful page on the European Commission Justice website called Collecting … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Regional and personal data privacy controls in the local cloud from Bloomberg Vault

Compliance with data privacy controls is much more than an eDiscovery / eDisclosure problem. Those whose primary focus is eDiscovery tend to see data privacy compliance as an obstacle which stands in the way and complicates data collection for litigation … Continue reading

Posted in Bloomberg Vault, Data privacy, Data Protection, Data Security, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Legal Hold | Leave a comment

Notes from Hong Kong – talking about world eDiscovery

This is a continuation of a series of mini-posts following my recent visit to Hong Kong. Browning Marean of DLA Piper US is one of the few US lawyers who understands the difference between eDiscovery messages which travel and those … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

EU Commission under fire for its data protection reforms

EUObserver.com reports that EU Justice Commissioner Viviane Reding has come under fire, from the Article 29 Data Protection Working Party amongst others, for the scope of and proposed timescale for her proposed new data protection rules. These are seen by … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Patel v Unite – order for investigation of deleted Internet forum

Here is an interesting judgment, Patel v UNITE the Union [2012] EWHC 92 (QB) (27 January 2012), which Professor Dominic Regan has pointed me to. The target of postings on a union Internet forum alleges defamation and harassment. The union claims … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

EU promises data protection savings and reduced burdens on business

The European Commission has collected together information about its proposed reforms of the EU Data Protection Rules, including the press release of 21 January, the press conference with Vice President Viviane Reding of the same date, and a number of … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU | Leave a comment

Words are the easy bit: EU Parliament debates EU – US data privacy concerns

An article on EUObserver.com reports on a debate last week in the European Parliament which highlighted the conflict between US demands for data and EU privacy legislation. The article’s title is Commission Downplays Parliament EU–US Data Privacy Concerns – “downplays” … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal | Leave a comment

Huron eDiscovery Panel at LegalTech as the cross-border climate begins to change

My wide-angle lens is being repaired, so I have no photograph of the panel which Nigel Murray of Huron Legal moderated at LegalTech. There were eleven of us at the table for two consecutive sessions with the title A GC’s … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, LegalTech | Leave a comment

Information Governance, UK eDisclosure and International Discovery in three days

In an ideal world, I would keep the week before LegalTech free.  Product announcements pour out with accompanying (and welcome) invitations in advance to find out about the new developments (that is preferable, incidentally, to those who make big announcements and assume … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, KPMG | Leave a comment

Delay for Draconian Data Protection Regulation

The term “displacement activity” has a technical meaning in animal biology, something I am happy to leave to the animal biologists. The lay use of the term connotes some activity undertaken in order to avoid having to do something else … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU | Leave a comment

Plenty happening in eDiscovery for the beginning of 2012

If Friday’s flurry of activity on my Google+ page and on Twitter suggests catch-up and deck-clearing then that is exactly what it was. The Google+ page was set up for short snippets which, whatever weight they actually deserved, were not … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Hobs Legal Docs, Huron Consulting, iCONECT, Nuix, Part 31 CPR | Leave a comment

European Data Protection: Coming of Age – Brussels 25–27 January 2012

The Fifth International Computers, Privacy and Data Protection Conference takes place in Brussels between 25 and 27 January 2012 under the title European Data Protection: Coming of Age. Monique Altheim of The Law Office of Monique Altheim is organising and … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Oxford tramples on privacy with CCTV in taxis

Given that privacy is one of my professional subjects, it is interesting that my home city, Oxford, should be blazing a trail in trampling on privacy rights, with a compulsory scheme requiring taxis to make video and sound recordings of … Continue reading

Posted in Civil Liberties, Data privacy, Data Protection | Leave a comment

IQPC Munich eDiscovery themes recur around the world

I was not sorry when my plane’s wheels touched down at Heathrow on my return from IQPC’s Information Retention and eDiscovery Exchange in Munich on Wednesday night, bringing to an end 28,000 miles of eDiscovery travel in six weeks. A … Continue reading

Posted in AccessData, Clearwell, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EMC, First Advantage, FTI Technology, Huron Legal, iCONECT, KCura, Litigation costs, Nuix, Recommind, Symantec, ZyLAB | Leave a comment

Huron Legal: Cross-Border eDiscovery Breakfast in New York on 21 September

The US is considering possible rule changes in relation to preservation. The UK is tackling case management and costs management. Australia is chewing over the recent report on electronic discovery. New Zealand has a new ediscovery practice direction coming shortly. … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal | Leave a comment

EU-US EDiscovery – Data Transfer Role-Play at CEIC

One of my reasons for going to CEIC 2011 in Orlando was to take part in a panel about international EDiscovery. The panel was called International EDiscovery: Data Protection, Privacy and Cross-Border Issues and was led by Patrick Burke, Assistant … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Getting on with the basics at CEIC as the eDiscovery world spins a little faster

I could sit here all morning trying to come up with a succinct heading which captures everything which is going on in eDiscovery / eDisclosure at the moment. The big things happening at a corporate level have greater long-term significance … Continue reading

Posted in AccessData, Autonomy, CEIC, Clearwell, Data privacy, Data Security, Discovery, e.law International, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Guidance Software, KCura, Nuix, Recommind, Symantec | Leave a comment

AccessData conference carries electronic discovery message to Germany

I am very much looking forward to moderating an electronic discovery conference in Frankfurt on 22 March. The hosts are AccessData and the speakers are drawn from a broad range of legal, technical and compliance backgrounds, and from well-known firms … Continue reading

Posted in AccessData, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Regulatory investigation | Leave a comment

Welcome to First Advantage as a sponsor of the E-disclosure Information Project

I am very pleased to welcome First Advantage Litigation Consulting as a new sponsor of the e-Disclosure Information Project.  First Advantage was already a well-established forensics, litigation consulting and eDiscovery company when I met them at my first LegalTech in … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, First Advantage, Litigation Support | Leave a comment

Cross-Border and Multi-National eDiscovery at LegalTech from FTI and Epiq

I have written already about those sessions at LegalTech 2011 in New York which have a UK element in them (see Strong UK presence at LegalTech 2011). As I said in that article, it is impossible to list, let alone … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology | Leave a comment

Strong UK presence at LegalTech 2011

LegalTech 2011 is only a few days away and the programme is packed. Almost everyone whose name has appeared in these pages is taking part in something, and I will not attempt to list them all. Following on, however, from … Continue reading

Posted in Data privacy, Data Protection, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Huron Consulting, Huron Consulting Group, Integreon, KPMG, Kroll, LegalTech, Litigation, Litigation Support, Thomson Reuters, Trilantic | Leave a comment

The cost of data security breach notifications

At first sight, the publication on 10 December of an article headed Data security – is Europe still lagging behind the US? brings a wry smile here. We are used to US articles speaking in condescending terms about everything from … Continue reading

Posted in Data privacy, Data Protection, Data Security, Litigation Support | Leave a comment

IQPC Exchange in Munich: Information Retention and eDiscovery in Europe

The civil law jurisdictions of mainland Europe have no discovery tradition as it is understood in common law countries like the US and UK. The IQPC Information Retention and eDiscovery Exchange in Munich was an opportunity for corporate counsel to … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, Guidance Software, IQPC, IQPC Exchange, Litigation Readiness, Litigation Support, Symantec | Leave a comment

Premonitions of what was to come

I have no idea what is happening in this photograph: That is not strictly true – I know that it was taken at IQPC in Munich last week just as I was about to moderate a panel on data protection … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, IQPC, Litigation Support | Leave a comment

Catching an eyeful in Leeds and a snowfall in Munich

The paucity of posts lately may lead you to think that all is quiet on the e-disclosure / e-discovery front. It is in fact a symptom of the opposite – there has been more than enough to keep me amused, … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Litigation Support | Leave a comment

A useful guide to sources on EU Data Privacy Laws

The Guidance Software Newsroom carries a new article by Denise Backhouse of the eData Practice of Morgan, Lewis & Bockius, LLP headed Master European Data Privacy Laws. I refer you to it because it is expressly intended as a guide … Continue reading

Posted in AccessData, Alvarez & Marsal, Clearwell, CommVault, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, EU, FTI Technology, Huron Consulting Group, IQPC, Iron Mountain Stratify, KPMG, Litigation Support, Recommind, Symantec, Trilantic | Leave a comment

Low-tech privacy breaches

Amidst all the proper concern about the use of technology in breaches of privacy, it is easy to overlook the ease with which we can give away information by more everyday means. Some examples illustrate what I mean. My railway … Continue reading

Posted in Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Turning e-discovery news and views into a community of interest

Those of us who work in e-discovery / e-disclosure get better and better at passing information and views between ourselves.  Web sites, blogs and Twitter allow us to keep up with developments – new products, company news and cases – … Continue reading

Posted in AccessData, Clearwell, Data privacy, Data Protection, Discovery, DocuMatrix, Early Case Assessment, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Epiq Systems, EU, FTI Technology, Guidance Software, Iron Mountain Stratify, KCura, Litigation Support, Masters Conference, Nuix, Recommind, Trilantic | Leave a comment

International eDiscovery Panel at CEIC

There is one major difference between the general run of discovery problems and those relating to international and cross-border discovery. The former are soluble – competence and co-operation coupled with judicial management would fix most ediscovery problems tomorrow; the trans-jurisdictional … Continue reading

Posted in Applied Discovery, Canadian Courts, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Guidance Software, Litigation Support, Sedona Conference | Leave a comment

CEIC 2010 comes to an end

CEIC 2010 is winding down here in Las Vegas. Whatever measure you take – the quality of the sessions, the opportunity to catch up with people and meet new ones, the sheer numbers of people attending (1,300 or so), the … Continue reading

Posted in Canadian Courts, Case Management, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections, Guidance Software, Ledjit, Litigation Support | Leave a comment

Listening to myself talking about e-Disclosure for the IQPC Information Retention and E-Disclosure Summit

I have been listening to a podcast which I made recently for IQPC as part of the run-up to their Information Retention & E-Disclosure Management Summit in London on 17-19 May 2010. It can be accessed from the Summit’s home … Continue reading

Posted in Data privacy, Data Protection, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Judges, Lord Justice Jackson | Leave a comment

The Franco-British Lawyers Society on cross-border e-Disclosure 17th of May 2010

The Franco British Lawyers Society have organised an evening session called Searching for evidence: a panel discussion on cross-border e-Disclosure from an English and French perspective. The event takes place on Monday, 17 May at 6 pm at Pinsent Masons, … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, EU | Leave a comment

EDiscoveryMap helps navigate cross-border issues

Monique Altheim, a New York qualified lawyer, has quickly established her blog, EDiscoveryMap, as a mine of information on matters of personal data, privacy, data transfer and cross-border transfers. I follow her on Twitter as EUDiscovery and EDiscoveryMap which keep … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, EU Safe Harbor | Leave a comment

Ofsted has shown us WHY we should collect data properly and now lawyers must find out HOW

We do not yet know if Ofsted’s failure to give proper disclosure in the Shoesmith litigation was the result of cock-up or conspiracy – I am hedging my bets and assuming both that Ofsted fouled it up and that the … Continue reading

Posted in Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Litigation Support, Raposa Consulting | Leave a comment

Germany focuses on data protection and privacy

Americans may be tempted to think of EU data protection and privacy laws as being an obstacle deliberately placed in the way of conscientious US lawyers who are merely trying to do their job. That reaction is unsurprising, since that … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, EU | Leave a comment

A week of positive opportunities in e-Disclosure

There are two reasons for running a week’s worth of reports and comments into a single article. The least meritorious of them is that I will not keep up with it all if I do not do a composite post. … Continue reading

Posted in Court Rules, CPR, Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

Gucci v Curveal: a blow for US interests – whichever way you understand that expression

British 19th Century “gunboat diplomacy” and the song The Wreck of the Old 97 are what came to mind when I read the latest Opinion of a US court about the relative importance of US interests and the laws of … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections | Leave a comment

Talking rather than writing – normal service will be resumed soon

The relative silence on these pages recently does not imply that I have run out of things to say (sorry about that) merely that I have had a good run of being out and about, or making plans for future … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment