Sedona Conference® Explores GDPR Impact on E-Discovery
Law.com reports on a web seminar hosted by The Sedona Conference® international electronic information management, discovery
Importantly, the panel suggested that the wide scope of what the GDPR considers to be personally identifiable information makes it probable that any EU data collection conducted by U.S. attorneys would have to comply
In the data-gathering phase at pretrial,
An additional key takeaway from the session concerns whether the GDPR is a blocking statute – that is, a statute designed to prevent the production of information outside of a particular country. According to retired Magistrate Judge James Francis IV of the Southern District of New York, “The GDPR is not a blocking statute because it’s a substantive statute [that] deals with the privacy rights of EU citizens and is not directed exclusively at
According to the article, Francis said it is vital to differentiate between a blocking statute and a regulation like the GDPR because courts will need to determine whether to allow cross-border discovery, and they tend to look at blocking statutes more skeptically than they do a substantive law like the GDPR.