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How to Address Evolving Privacy Regulations During Discovery
In the face of growing data privacy regulations, appetites are growing for solutions that guard protected private information with the same gravitas given to protecting privilege. The challenge? Current privacy regulations are, on the one hand, broad and complex, and on the other, vague and underdefined. This makes implementing systems for preventing the inadvertent disclosure of protected private information an important task.
Jurisdictions around the globe have introduced legislation to serve many similar, but sometimes very different purposes. These range from preserving an individual's most basic right to privacy and the protection of their personally identifiable information (PII), such as with GDPR and CPRA, as well as their private health information (PHI), as with HIPAA. Some legislation is enacted to safeguard minors, while other legislation protects people in their role as consumers. Overlapping with this is the Payment Card Industry Data Security Standard (PCI-DSS).
But for all the coverage these regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices. It was only in 2020 that the earliest court decisions began to address these issues and establish precedent.
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During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
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