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In an increasingly digital society, discovery of electronically stored information (ESI) has become part and parcel of written discovery. In many cases, document productions consist entirely of ESI because the parties communicate almost exclusively through text message and email. While these written communications have the appearance of reliability, technological advances have, over time, rendered many digital communications less static and more open to manipulation. Litigators need to take heed of these advances to properly advise clients and effectively preserve, retrieve and present evidence.
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Data Rights, Data Duties, & Data Risks: The American Data Privacy and Protection Act
By Rita W. Garry
While the ADPPA represents compromises between Democratic and Republican leadership of the U.S. Senate and House of Representatives, particularly around the thorny issues of state law preemption and private rights of action, there are other legislative and big tech industry players pushing their own agendas for comprehensive national data privacy and security frameworks.
By John Beardwood and Shan Arora
Part One In a Series
This article, which reviews the Canadian Consumer Privacy Protection Act, first seeks to identify the delta between the Act and PIPEDA in order to allow privacy officers of organizations that are already PIPEDA compliant to identify the net new compliance requirements under the Act and second, to highlight the provisions of the Act which, if breached, could lead to the imposition of significant fines.
Data Privacy and Security Considerations for Mobile Health App Developers and Their Counsel
By Angela Matney
In light of the evolving legal and regulatory landscape, app developers and their counsel should examine developers’ privacy and security practices and take steps to safeguard sensitive data related to reproductive health.
California’s Latest Privacy Rulemaking Proposes Further Obligations for Businesses
By Kyle Fath, Alan Friel, Shea Leitch and David J. Oberly
While the the California Privacy Protection Agency kicked some of the more difficult issues down the road for further consideration, its first draft of proposed Regs is quite comprehensive with respect to the issues addressed. The authority for some of what is proposed is questionable and will likely be challenged in comments, if not judicial action, if such provisions become final.
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