Privacy and Data Protection

Tag: Cross Border

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

I recently gave a CLE presentation at the LegalTech West Coast Conference in Los Angeles on the legal problems and tensions of conducting U.S. civil litigation ediscovery in the European Economic Area (EEA), which consists of the 27 EU member states plus Iceland, Liechtenstein and Norway. The subtitle “Clash of the Titans” derives from the […]

Computer, Privacy & Data Protection: European Data Protection: In Good Health? Part 2

According to its mission statement, the annual conference “Computers, Privacy and Data Protection“ in Brussels aims to create a bridge between policy makers, academics, practitioners and activists, and aims to become Europe’s most important forum for the discussion of data protection and privacy issues. This goal was certainly reached during the panel on Bahavioural Targeting and […]

Federal Court in NY Says EU Documents Containing Personal Information are Off Limits in Class Action Litigation

This post was written by Kevin Xu and John L. Hines, Jr. U.S. courts often disregard foreign data privacy laws in the context of discovery. Litigants sometimes find themselves compelled to produce under U.S. law what they are forbidden to produce under the privacy laws of another country. However, a recent U.S. court decision indicates […]

IAPP Global Privacy Summit 2010 – Hot Topics : Robert Rothman on the New EU Controller-to-Processor Model Clauses

At the recent IAPP Global Privacy Summit in Washington, D.C., many hot topics were addressed: Privacy by Design, Behavioral Advertising, the new EU Cookie Consent Law, the Smart Power Grid, the Cloud, Web 2.0, the new EU Model Clause Agreements, Controllers, Processors and Sub-Processors, the recent Google convictions, to name just a few. I interviewed […]

E-Discovery Challenges in China

by Kevin Lo A complicated international anti-dumping case brought several U.S. lawyers and a team of e-discovery experts to a large industrial town in northeast China. They had come to interview senior executives and conduct a search of paper and electronic records at a major pharmaceutical company. During negotiations for the trip, the company said […]

EU Cross Border Ediscovery, Standard Contractual Clauses, and Sub Processors: What Will Change on May 15, 2010?

How the New EU Rules on Data Export Affect Companies in and outside the EU by Dr. Thomas Helbing On 5 February 2010 the Commission of the European Union (EU) has updated the set of standard contractual clauses for the transfer of personal data to processors in non-EU countries. The old clauses are repealed with […]

The French Data Protection Authority: Video Surveillance Images are “Personal Data”

POSTED ON MARCH 16, 2010 BY HUNTON & WILLIAMS LLP In a decision handed down on February 25, 2010, the French Constitutional Court ruled that the right to privacy derives from Article 2 of the Declaration of Human Rights, and is therefore considered a constitutional right under French law.  The Court also ruled that the legislature must […]

Musings on The Deep Cultural Divide between The US Ediscovery Tradition and The EU Privacy Protection Principles

by Chris Dale I expressed puzzlement recently at the high proportion of page views from the US over a period when most of my focus has been on the UK draft practice direction. I know, of course, that there is much US interest in developments in other jurisdictions, particularly the UK, and there is an […]

Video is “Personal Data” under EU Data Protection Laws- Cross Border Ediscovery Implications of The Google Three Case

This week, an Italian magistrate convicted three Google employees for an Internet video that none of them had produced, uploaded, or even seen. The case arose from an Italian video that was uploaded in 2006 to Google Video, which showed a disabled child being bullied by other schoolchildren. An advocacy organization and the boy’s father in […]

Cross Border EDiscovery

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 […]