Don’t Expect to Easily Claim ‘Disproportionate’ Effort When Responding to US Data Access Requests

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Fox Rothschild LLP

U.S. companies thinking about falling back on “disproportionate” effort for access requests under the new U.S. privacy laws because they require compiling too many documents should think again.

The Berlin Administrative court recently said that if complying with a request would require a review of more than 5,000 pages of documents from over 100 proceedings over the last 20 years to check in each case whether the rights of third parties would be infringed by handing them
over [to redact], that it would not be disproportionate and you must comply.

Will the US regulators interpret it this way? Not necessarily.

But seeing as this is the relevant interpretation in Europe, companies should definitely consider this as an option.

Read the decision here.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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