Emerging Technology and the Law

The GDPR is Coming

Does GDPR Apply in the US? Yes. GDPR (European Union General Data Protection Regulation) is a comprehensive new law protecting the data privacy of EU citizens. GDPR takes effect on May 25, 2018.  It consists of 99 articles and will have sweeping impact on U.S. enterprises. It requires that all personal data be handled according to the GDPR Data Protection Principles. These includes the famous “right to be forgotten,” as well as transparency, data portability, breach notification, information security, etc. If you have a public facing website that collects user data and operates in EU countries, it is not too late to get advice. Watch this space as we roll out solutions for enterprises that are not ready.

Information Governance Challenges in the Life Sciences, and Financial Services Industries

While many of the high-level principles of Information Governance (IG) and the technologies supporting their implementation are almost universally applicable, each industry sector presents different challenges – one-size solution does not fit all. For example, unregulated privately held technology start-ups that are experiencing rapid growth may not have any retention / destruction policies in place; they will expand their IT storage until they crash into a big event, such as litigation, an IPO, or a merger. At that point they might require a top to bottom reconstruction – akin to an emergency room visit after a car crash. Other organizations already function within the constraints of a regulatory regime such as life sciences or financial services. Especially in publicly traded companies, regulated industries are further along the continuum in almost all of the metrics associated with IG principles such as: existence of a RIM program; adoption of a retention schedule; …

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Cloudy Laws II – Only 65 Challenges to eDiscovery Forensics in the Cloud

Among the many types of challenges presented by the adoption of cloud computing are those involving computer forensics. Computer forensics can be thought of as the set of tools and techniques that make eDiscovery possible and reliable. It is defined in Wikipedia as, “a branch of digital forensic science pertaining to legal evidence found in computers and digital storage media.” The National Institute of Standards and Technology (NIST) Information Technology Laboratory (ITL) defines cloud computing forensic science more specifically as, the application of scientific principles, technological practices and derived and proven methods to reconstruct past cloud computing events through identification, collection, preservation, examination, interpretation and reporting of digital evidence As with other legal evidence, digital evidence is subject to challenge in court. It has to be what it purports to be. Therefore, the accurate identification of the creator, custodian, chain of custody, authenticity and other attributes of digital evidence is essential in any …

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Cloudy Laws – Cloud Computing Security and Legal Challenges

Cloud computing presents innumerable opportunities and brings with it enormous security and legal challenges. While there is no single accepted definition of the “cloud,” the National Institute of Standards and Technology created a reference model in 2011. NIST defined cloud computing by describing its five essential characteristics, three service models, and four deployment models. (NIST Special Publication 800-145) Cloud computing is a model for enabling convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. Essential Characteristics Service Models Deployment Models On demand self service Broad network access Resource Pooling Rapid Elasticity Measured Service Software as a Service (SaaS) Platform as a Service (PaaS) Infrastructure as a Service (IaaS) Private Cloud Community Cloud Public Cloud Hybrid Cloud The rapid increase in the availability of cloud computing …

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LocationGate – Where in the World Was Waldo?

Just look at his iPhone data Apparently I am not the only person troubled by the 2011 revelation that Google and Apple collect location data from smart phones.  Mike Elgan wrote a thoughtful piece for Computerworld. Who owns your location? – Computerworld The idea of tracking files existing on phones and on the computers used to synch data raises eDiscovery issues as well as obvious privacy and data security concerns.  Will employers be tempted to look at the data collected by company issued phones to see if their sales team or delivery drivers were on task?  Employers defending discrimination cases are always on the lookout for employee misconduct that would justify termination of employment on non-discriminatory grounds.  Did she lie to the boss about that sick day as shown by the trip to the Foxwoods Casino? Warrantless Searches A January 2011 decision by the California Supreme Court held that police may …

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