In the United States, preserving potentially relevant information for litigation is the law of the land. With this focus on eDiscovery obligations, courts are typically less than forgiving when parties and their counsel withhold documents on the basis of data protection. Relying on foreign statutes to excuse the failure to produce data has often raised not only eyebrows but also suspicions about the withholding party’s underlying motives.
But the recent, well-publicized implementation of the General Data Protection Regulation (GDPR) gives European data subjects far-reaching control over their personal data—a broad category that encompasses not just a person’s name and birthdate but also demographic background, biometric data, health information, computer IP address and much more. Now, anticipating some pushback from U.S. judges, parties litigating cross-border matters must take steps to remediate the privacy issue before they appear in court.
Read the full article from Michael Becker and Xavier Diokno.