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Data Mining
The first part of this article discussed the importance and focus of data retrieval in matrimonial actions and the parameters of data mining. The conclusion herein addresses privacy concerns, the impact of e-mail, and the costs of data retrieval.
Privacy Concerns Regarding Data Mining
Some privacy advocates have attacked data mining during the pendency of matrimonial actions as an inherent invasion of the privacy of one party. Arguments have also been raised that data forensics, conducted unilaterally by one side inherently lead to the hoarding of relevant information by the adverse party ultimately for dissemination as he or she deems fit. Additionally, there are extremely valid concerns surrounding medical records and medical information. Counsel can certainly voice specific and relevant privacy concerns to the trial judge. Furthermore, it is likely that legislation will be enacted in the upcoming years that will effectively weaken the ability of one party to manipulate the process.
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