Eleven years into the court order levied on the NSA to preserve backup tapes containing data about the NSA surveillance efforts, it’s come to light that the NSA failed to take adequate steps to ensure the data was not deleted. Tapes containing data between 2001-2007 were deleted in 2009, 2011, and 2016, showing a systemic
Seyfarth eDiscovery attorneys Jason Priebe and Natalya Northrip will present “A Practical Roadmap for EU Data Protection and Cross-Border Discovery” at this year’s RelativityFest on October 24, 2017.
This presentation will provide attendees with practical tips for leveraging the new Sedona International Principles to help in your compliance with stringent GDPR requirements, and in seeking…
Natalya Northrip and Emily Dorner will be presenting on two interesting eDiscovery topics this April; presentations will focus on litigation hold maintenance and best practices, as well as recordkeeping for human resources professionals. Presentations will take place on April 6, and April 26, respectively. Summaries of presentation content and links to sign up are provided…
Recently, the U.S. Court of Appeals for the Second Circuit sided with Microsoft Corporation and global privacy advocates in the case of In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation, No. 14-2985, 2006 WL 3770056 (July 14, 2016), by holding that the issuance of a warrant to obtain private emails stored on a Microsoft server in Dublin, Ireland, constituted an impermissible extraterritorial application of the Stored Communications Act, 18 U.S. Code §§ 2701 et seq. (“SCA”).
The Microsoft decision coincides with a rise of international tension over the data privacy interests of foreign customers of U.S. electronic communications providers. This tension was heightened by the Snowden revelations in 2013, sparking EU concerns about “unfettered” U.S. government surveillance, reaching a crescendo last October, when the Court of Justice of the EU, invalidated the fifteen year-old U.S.-EU Safe Harbor as not providing an “adequate” level of data protection. Thereafter, the U.S. and EU Commission rushed to develop a new EU-U.S. Privacy Shield Framework to replace Safe Harbor.
As some commentators have noted the Second Circuit’s ruling may incidentally help EU/U.S. data transfer mechanisms, including model contract clauses and the Privacy Shield program to survive this scrutiny. See Kenneth Withers, M. James Daley, and Taylor Hoffman, In Re Microsoft: U.S. Law Enforcement Not Entitled to Email Stored in Ireland (Aug. 28, 2016). While the Second Circuit’s ruling temporarily defused an explosive issue in EU/U.S. data protection relations, it left unresolved a number of practical issues regarding cross-border government investigations under the outdated SCA.
On August 1, 2016, the United States Department of Commerce launched the EU-U.S. Privacy Shield self-certification process on its Privacy Shield Website. More than 115 U.S. companies have already self-certified. The Privacy Shield was designed to provide U.S. and European companies with a mechanism to comply with EU data protection requirements for cross-border transfers of personal data in the wake of the invalidation of the previously-used U.S.-EU Safe Harbor Framework.
As with the prior Safe Harbor Framework, U.S. companies that self-certify under the Privacy Shield are identified on Department of Commerce’s website as “active” participants in the program. To avail itself to the benefits of the Privacy Shield, a company must self-certify annually that it agrees to adhere to additional new Privacy Shield requirements, which expand the protection previously provided by Safe Harbor with respect to long-standing EU data protection principles of notice, choice, accountability for onward transfers, security, data integrity and purpose limitation, access, recourse, enforcement and liability. Organizations that self-certify under the new Privacy Shield will need to revise their policies and practices to ensure compliance with the new framework.
On May 25, 2018, the EU General Data Protection Regulation (GDPR) will come into effect requiring companies that process personally identifiable information of EU residents to comply with a significant number of enhanced data-protection requirements. One of these requirements is an individual’s “right to explanation” of an algorithmic decision made about him or her by a machine.…