We've all been there, adding in our personal information online to complete a form, make a purchase, or sign up for an offer, and before we click the submission button, we think, "Is this information safe? How might it be used?" We ask ourselves these questions more and more as we continue to grow and expand our online experiences using our personal information. But, whether we realize it or not, it's more than just a matter of safety. As you'll discover in this post, this exchange of information can also be a matter of ethics.
Technology and apps that are helping to prevent illness, accidents, and crime also happen to collect a vast amount of personal data. Similarly, some of the video conferencing and collaboration platforms that we knowledge workers are all too familiar with are now using artificial intelligence to recognize participants and their behaviors. Are these new features a boost to efficiency and convenience or simply the latest attempt by providers to push the boundaries between convenience and intrusion?
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The recent Court of Justice of the European Union (CJEU) Schrems II ruling, which invalidated the longstanding U.S.-EU Privacy Shield framework, has created a wave of uncertainty for the legal industry. Ever since the U.S.-EU Safe Harbor framework was retired in 2015 as a result of Schrems I, lawyers have faced challenges in ensuring the legality of transferring data between the EU and U.S. in multi-national litigation and investigations. For the last five years, Privacy Shield has been central to alleviating that burden. Now, lawyers are left wondering what’s next and whether their current standard contractual clauses (SCCs) for data transfers will remain viable. And if not, what options are left?
With the new year in full swing, there's a lot of conversation around what comes next and what 2020's impact will mean for 2021. IT teams, specifically, are working to understand how to get a grip on content sprawl in the era of remote work. A recent study commissioned by Egnyte surveyed 400 IT leaders to understand how COVID-19 has impacted businesses’ ability to maintain data security and governance with a distributed workforce.
There have been some interesting developments in the world of E-Discovery tied to many of the same privacy protection laws and regulations changing the game in records and information management. To get a better understanding of how these regulations are affecting cross-border Discovery, we connected with our friends at the Association of Certified E-Discovery Specialists (ACEDS). Please enjoy this guest post by Mike Quartararo, President of ACEDS. Parties in the US are allowed broad and liberal discovery of electronically stored information (ESI) relevant and proportional to the claims and defenses in a legal action. When a US-based litigant seeks ESI stored in other countries, however, it raises thorny legal and practical issues. ACEDS recently conducted a webinar on this topic entitled “Now What? Cross-Border and International Discovery Post-Schrems II” with Bryant Isbell from Baker & McKenzie and Eric Mandel from Driven.
As the COVID-19 pandemic continues to accelerate, there are some innovative efforts to minimize its impact. In one such approach, a multidisciplinary group of computer scientists, mathematicians, and epidemiologists at the Big Data Institute at Oxford University have developed a mathematical model instantiated in a mobile application that traces contact. Those involved in the project believe it's "..possible to stop the epidemic…if contact tracing is sufficiently fast, sufficiently efficient, and happens at scale." Typically, contact tracing is the most effective way to contain an outbreak. However, with a virus like COVID-19, that's preponderantly transmitted by asymptomatic patients, "classical contact tracing will not be enough to achieve the speed and efficiency needed, but it could be achieved by a contact tracing mobile app if used by a sufficiently large proportion of the population."