Data Retention

News & Analysis as of

WiFi Privacy: Network Analytics Guidance Issued by ICO

The Information Commissioner’s Office (ICO) has issued guidance to help wireless (WiFi) operators understand their duties under the Data Protection Act 1998 (DPA) when collecting and using location and other analytics...more

How to Design a Document Retention Policy

Data minimization can be a powerful – and seemingly simple – data security measure. The term refers to retaining the least amount of personal information necessary in order for an organization to function. Less information...more

Everything but the Kitchen Sink: New Data Types and E-Discovery

Almost any activity we take part in creates data; it no longer resides just on email servers or your laptop or mobile phones. Data resides in the cloud, in apps, on social media, in your watch or fitness tracker. For...more

Data Security: You Must Know Where the Data Is Located Before You Can Secure It

It is commonplace to turn on the television news and hear of a new data breach from a large retailer or someone else. No one wants the legal problems (not to mention the embarrassment and the hit to reputation) from having...more

EU Regulators Decline to Support Privacy Shield Agreement

In the latest twist in the ongoing saga of the EU-U.S. Privacy Shield data transfer agreement, EU data protection authorities (commonly known as the Article 29 Working Party) stated on April 13, 2016 that it would not affirm...more

Privacy Shield – Rejected. GDPR – Accepted: What This Means to Your Organization and What You Should Consider Doing Now

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last week, stating that although the Privacy Shield was a “great step...more

Article 29 Working Party has “Strong Concerns” About Privacy Shield

On April 13, 2016, the EU’s Article 29 Working Party issued its much-anticipated statement on the viability of the proposed EU-US Privacy Shield. As we’ve detailed previously, EU and US officials reached agreement on the...more

Privacy Shield does not achieve adequacy of protection under current regime, say EU Data Protection Authorities

On 13 April, the Article 29 Data Protection Working Party (‘WP29’) published its opinion on whether the proposed Privacy Shield programme, which is intended to replace the now-invalid Safe Harbor pact for facilitating...more

Tracking and Releasing Litigation Holds

Notifying potential custodians and implementing a litigation hold plan are both very important steps at the very beginning of a lawsuit. But often neglected is what to do with the preserved information once the need to keep...more

Data Hoarders: 5 Tips for Managing Large Volumes of Corporate Data Without Sacrificing Defensibility

We've all seen (or at least heard of) the TV show Hoarders. We may even have a few candidates for an episode in our own social circles. I once worked a summer helping clean up a pig farm turned junkyard, and in the first wave...more

How Much Data Does Your Organization Hold?

Earlier this week Legaltech News announced the release of Xerox’s Viewpoint 6.0 eDiscovery platform with a data analytics focus. Why is this blog worthy (since we don’t typically offer unabashed plugs for our technology,...more

10 Tips for Litigation Hold Plans

A “litigation hold plan” guides an organization in carrying out its evidence preservation obligations. Many factors come into play when the need to preserve records is triggered, and each organization has unique systems,...more

The Problem with Backup Tapes: District Court Orders Retention of Old Backup Tapes for Ongoing Litigation

In this patent infringement action pending in a multi-district litigation, one of the defendants moved the district court for an order allowing the defendant to destroy old backup tapes. Defendant ICM, Inc. ("ICM") moved for...more

Three Point Shot - February 2016

Copyright Suit Alleges Huckabee Campaign Lacks "Eye of the Tiger" - Mike Huckabee's poor performance in the Iowa caucuses – leading to his subsequent withdrawal from the race – isn't his only concern lately....more

Where are the File Cabinets? -- The Changing Face of Data in the 21st Century

When we think of electronic data files, of course we know they aren’t stored in tall metal cabinets with manila cards on the drawer faces denoting what’s inside. That’s so 1986. But even for those of us firmly grounded in...more

Don’t Forget That Litigation Hold!

When it comes to producing documents in employment litigation, the deck is usually stacked in favor of the employee. Except in those unusual circumstances when the employee is squirreling away documents in an effort to build...more

How to Conduct a Data Inventory of Your Human Resource Records

Some of the largest data breaches in recent years involved the loss of employment records. Knowing the type of data that a human resource department collects, where it is being held, with whom it is being shared, and how it...more

Judges Advise Companies To Refine Data Retention Policies

At the ALM LegalTech Conference held on Wednesday February 3, 2016, a panel of five district court judges discussed how technology has changed courtroom procedure. Discussing a slew of topics ranging from new courtroom...more

Draft Investigatory Powers Bill 2015

On 4 November 2015 the Home Secretary published a Draft Investigatory Powers Bill (the “Bill”), emphasising its importance in combating the increasingly sophisticated communication technologies used by criminals to intercept,...more

Spies, Hacking & Civil Liberties in the UK

In late 2015, Theresa May, the UK Home Secretary introduced the Investigatory Powers Bill (the “Bill”). Mrs May stated that the Bill was introduced to ensure that surveillance laws are “modern, fit for purpose and can...more

The Life-Changing Magic of Information Governance: Cutting Costs and Mitigating Risk with IG

The New Year brings fresh starts, and most of us, after a season of giving and receiving, parties and celebrations, are feeling the need to take stock and streamline our lives. In the bestselling book, The Life-Changing...more

How to Conduct a Data Inventory

Knowing the type of data that you collect, where it is being held, with whom it is being shared, and how it is being transferred is a central component of most data privacy and data security programs. The process of answering...more

Guest Blog: Turning on the Lights in a Dark (Data) Room

Turning on the Lights in a Dark (Data) Room At breakneck speed, businesses and individuals are amassing huge volumes of disparate and obsolete data—data that has long gone “dark” within an organization. Dark data is...more

2016: A Turning Point For Personal Data Protection

In 2015, a number of high-profile media and political events and several legal cases raised questions about personal data protection in the European Union. 2016 looks to be a pivotal year for reforms in personal data...more

The thorny issue of retention periods – Insurers Beware

There is perhaps no issue under Canadian and international privacy legislation that causes as much grief as the issue of what retention period can be applied to data collected by an organization. However, recently the Office...more

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