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The Sedona Conference® Announces International Discovery Publication

January 30, 2012

The Sedona Conference® has issued a public comment version of its latest publication, International Principles on Discovery, Disclosure, & Data Protection: Best Practices, Recommendations and Principles for Addressing the Preservation of Protected Data in U.S. Litigation (European Union Edition). The publication lays out these six foundational principles:

1. With regard to data that is subject to preservation, disclosure, or discovery, courts and parties should demonstrate due respect to the Data Protection Laws of any foreign sovereign and the interests of any person who is subject to or benefits from such laws.
2. Where full compliance with both Data Protection Laws and preservation, disclosure, and discovery obligations presents a conflict, a party’s conduct should be judged by a court or data protection authority under a standard of good faith and reasonableness.
3. Preservation or discovery of Protected Data should be limited in scope to that which is relevant and necessary to support any party’s claim or defense in order to minimize conflicts of law and impact on the Data Subject.
4. Where a conflict exists between Data Protection Laws and preservation, disclosure, or discovery obligations, a stipulation or court order should be employed to protect Protected Data and minimize the conflict.
5. A Data Controller subject to preservation, disclosure, or discovery obligations should be prepared to demonstrate that data protection obligations have been addressed and that appropriate data protection safeguards have been instituted.
6. Data Controllers should retain Protected Data only as long as necessary to satisfy legal or business needs. While a legal action is pending or remains reasonably anticipated, Data Controllers should preserve relevant information, including relevant Protected Data, with appropriate data safeguards.

The publication also provides substantive comment to comprehensively describe how the six principles would be utilized in cross-border litigation. It may be downloaded for free from The Sedona Conference® website at www.thesedonaconference.org.

Diane Carlisle

NewsWire