New French Case Removes Automatic Privacy Shield From Employee E-Mails, Making Them More Amenable to US Discovery
by Trevor Jefferies and Alvin F. Lindsay:A new decision released on 8 January 2010 from the French high labor court (the Cour de Cassation Chambre Sociale) may provide some grounds for arguing that a party in France can review a French employee’s e-mails and electronically stored information to determine whether the data is relevant to a U.S. litigation, without the employee’s knowledge or presence. This is a significant development in the perennial tension between EU privacy law and U.S. discovery principles.
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