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e-Discovery and U.S.Privacy Laws

BY David A. Sorensen
July 30, 2012

U.S. data privacy laws pose complex issues for corporations, especially in the context of e-discovery. The associated risks are multi-faceted and subject to diverse internal and external agents. For example, the fragmented nature of data privacy laws at the state, national and international levels makes it increasingly difficult for an organization to track regulatory compliance. Furthermore, the rapid increase of data volumes in the “wild” (e.g., tablets, smartphones and the Cloud) are creating even more sources of private information. Understanding all of these data privacy issues and how they impact the e-discovery process is crucial for defensively managing e-discovery in the United States.

The Current U.S. Data Privacy Landscape

Historically, there have been very few U.S. laws and regulations that specifically address data privacy rights, but that has changed in recent years. New data privacy laws at both the federal and state level have been enacted, and the interpretation of old privacy laws has changed, creating more stringent protections over an individual's private information. For corporations, which have essentially owned all the information that resided on their systems, this change has created waves. Today, corporations must navigate numerous laws that restrict how customer and employee information can be used.

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