Important Topics
After the US Federal Rules related to information discovery were revised in December 2006, the scope and volume of information discovery have increased significantly - by as much as 60% according to Forrester Research. Unfortunately for global companies, the scope of this information discovery conflicts with cultural standards and legal duties in other countries. In the European Union, privacy and data protection laws prohibit processing and transport of data for purposes other than that which it was collected for, or by parties not able to meet EU standards, which makes US-driven discovery especially challenging and adds tremendous complication to basic company operations. Effective, jurisdiction-based information governance is required to understand, navigate, and rationalize the often-conflicted legal obligations over information. If you work in a global corporation, it's your imperative that you examine how your discovery practices, retention program and data protection obligations converge or conflict.
Two Key Conflicts in Discovery
In this working group, two key conflicts were explored to help legal departments reduce risk and cost. The first conflict was the inherent differences in IT and Legal department points of view and processes which presents a tremendous challenge to preserving data efficiently and reliably. The second conflict was the conflict of law between US discovery obligations and EU privacy laws. With specific prohibitions against searching and transporting employee and customer data, companies have very tough choices when US litigation or discovery encompasses data beyond our shores.
Privacy Collisions with Retention and Preservation Obligations
Data Protection and Privacy Rules
EU Directive 95/46 on Privacy
EU Data Protection Laws by Country
Balancing Act - Retention, Discovery, Privacy
Binding Corporate Rules (BCRs) and Standard Clauses for Managing Data Movement Among Countries
