Data Retention

News & Analysis as of

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

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

Data Retention Questions Referred to the European Court for Clarification

Mass surveillance has been under scrutiny yet again since the UK Court of Appeal, on 20 November 2015, asked the Court of Justice of the European Union (CJEU) to clarify whether it intended to “lay down mandatory requirements...more

Could the UK see a shake-up of its Data Retention Powers? Questions referred to the CJEU

On 20 November 2015 the UK’s Court of Appeal referred questions on data retention to the Court of Justice of the European Union (CJEU) following a challenge to the Data Retention and Investigatory Powers Act (DRIPA) 2014....more

FTC Sees Disconnect on Proposed Connected Cars Legislation

The Energy & Commerce Committee of the U.S. House of Representatives held a hearing on October 21st titled “Examining Ways to Improve Vehicle and Roadway Safety” to consider (among other matters) Vehicle Data Privacy...more

Employee Health Information: Separate and Secure

There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more

Does Your Website Privacy Policy Need Some Love?

Everyone does it, especially startups. You need a privacy policy for your website, and your legal budget is limited. Hop onto Facebook (or Google, or Amazon) — cut, paste and voilà! — your startup has a shiny new privacy...more

Cacophony in the E.U. About National Data Retention Laws

The European Commission made it clear on September 16, 2015, that the issue of whether to introduce national data retention laws is a national decision. The European Commission has no intention of going back on this statement...more

The German Perspective: EU and U.S. Data Protection “Umbrella Agreement”

After over four years of negotiations, the European Union and the United States have agreed on a framework data protection agreement on 8 September 2015 (Umbrella Agreement). The Umbrella Agreement covers all personal data...more

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs...more

Great E-Discovery Teams Include These 5 Roles

If I could give one piece of advice regarding e-discovery processes, cultivate a cross-functional team among Legal, IT e-Discovery and IT Forensics. These relationships are critical to your success and will ultimately make up...more

Take Steps Now to Prepare for eDiscovery to Save Money Later

eDiscovery lawyers like to say that a company’s first significant ediscovery matter will be their most expensive one. That’s because most companies don’t take the proactive steps that can minimize their exposure to ediscovery...more

5 Tips for Quickly Identifying Responsive Data Sources for E-Discovery Collections

Working with IT or your service provider to collect/process from a variety of data sources, like email archives, file shares, legacy backup tapes, SharePoint, etc., can be a painful and complicated ordeal. You don’t...more

9th Circuit Holds No Private Right of Action for Data Retention Violation Under the Video Privacy Protection Act

The decision further aligns the circuit courts in holding that the private right of action is limited to the Act’s prohibition on unauthorized disclosures only. A recent attempt to expand the breadth of the private right...more

New French Act on Intelligence Services: Impacts on Technical Operators

The newly enacted French legislation on intelligence services ("Loi relative au renseignement") has been almost entirely approved by the French Constitutional Court and shall fully enter into force by December 2015, at the...more

Judiciary & In-House Legal Discuss the Necessary Skills to Stay Successful in Today's Competitive Legal Market

The train has left the station. The boat has left the dock. E-Discovery is not today’s new legal buzzword. E-Discovery should be as commonplace in the legal profession as the phrase ‘early case assessment’ or ‘due...more

Privacy in financial markets, not to be ignored

The Article 29 Working Party published a letter it sent to the European Commission urging it to consider the data protection and privacy issues when adopting the secondary regulations (‘Regulations’) necessary to implement...more

Brazil’s proposed privacy laws raise public concern

The Brazilian government’s proposal for Brazil’s first data protection framework (‘the Proposal’) hit a stumbling block after major concerns were raised in public comments. After the public consultation period ended,...more

A Primer on Russia’s New Data Localization Law

Privacy and data security professionals worldwide should circle September 1 on their calendars, as it’s the day Russia’s new data localization law goes into effect – and possibly generates major waves far beyond Russian...more

What’s the Biggest Obstacle in Locating Responsive Data for E-Discovery?

Getting to the electronically stored information (ESI) that truly matters to the case as soon as possible is the single best way to reduce e-discovery costs. It also happens to be the biggest challenge. That point was...more

English High Court Declares UK Legislation Expanding Government Powers to Retain and Intercept Data Unlawful

The English High Court has declared that UK legislation which expanded government powers to require communication providers to retain communication traffic data is incompatible with human rights, and is unlawful. The...more

[Webinar] 2015 Mid-Year E-Discovery Case Law Review - August 19th, 12:30 ET

In this complimentary CLE webcast*, three e-discovery thought leaders, including one chief district judge and one Fortune 500 legal director will review the key e-discovery cases and trends from e-discovery case law in 2015...more

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