American Bar Association Asks Courts to Consider Foreign Privacy Laws

Huntonprivacyblog informs that The American Bar Association’s (“ABA’s”) House of Delegates adopted a non-binding resolution urging courts to consider foreign data protection and privacy laws when resolving discovery issues. The full text of the resolution is as follows:

“RESOLVED, That the American Bar Association urges that, where possible in the context of the proceedings before them, U.S. federal, state, territorial, tribal and local courts consider and respect, as appropriate, the data protection and privacy laws of any applicable foreign sovereign, and the interests of any person who is subject to or benefits from such laws, with regard to data sought in discovery in civil litigation.”

This text is narrower than the original proposal, which was not limited to the civil litigation context and applied to additional categories of data. The report that accompanied the proposed resolution lamented the dilemma faced by litigants and third parties who must choose between disclosure requirements in U.S. discovery proceedings and the data protection laws of the foreign jurisdictions that may prohibit such disclosure, in particular, the laws in European jurisdictions.

Read the whole story HERE.

 

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