http://ow.ly/7lhP6
An article by Hayley posted on the eDiscovery-News.com website.
This article discusses digital information that might be subject to a discovery request in a civil proceeding in the U.S. but such data does not reside in the U.S.
The article provides advice for how to deal with scenarios where the data resides in an EU jurisdiction, or a BRICS member state. In addition, the author states, "Global economic indicators predict that the U.S. will increase trade with emerging economies, including BRICS nations, in the next 10 years. As the U.S. relies more heavily on countries outside the EU to provide raw materials (e.g., Brazil and China), manufactured goods (e.g., China and Singapore), corporate call centers (e.g., India) and energy (e.g., Russia and Brazil), there is a greater potential that data critical to the resolution of a U.S. civil dispute will be housed in a country outside the EU. Because U.S. courts remain resolute in the conviction that they are authorized to compel production of foreign ESI, while much of the world seems to be bent on increased scrutiny of data requests, it’s likely disputes over cross-border production of ESI will become more prevalent in the coming years.
As the U.S. increases trade with countries outside the EU and the United Kingdom, the variety and scope of data protection laws U.S. lawyers and their clients will have to contend to should increase substantially in the next decade. The EU Privacy Directive will not be the only data restriction companies will have to navigate and perhaps not even the most important." A link to another article on this topic is also provided by the author.
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