Subscribe with Bloglines The Privacy Lawyer: my response to Ed on datamapping and privilege

Saturday, August 28, 2004

my response to Ed on datamapping and privilege

Thanks Charlie.
Privilege issues arise when someone tries to subpoena or use certain information or compilations of information from a litigant. If something is privileged, it cannot ever be collected in discovery. It’s not just harder to get, it can’t be gotten at all. But privilege issues are very tricky here. You would have to prove that the information was gathered just for the lawyer, in anticipation of litigation. If the information otherwise exists in another form, or somehow privilege is negated (a third party is also privy to the information) or it doesn’t comply with all requisite requirements, it can be obtained in most discovery requests, governmental or private litigation.

I agree that this is an ongoing issue, but the audit starts the process, letting people know what they need to look at to spot where information is stored, accessed and originates. This is the first of three articles. The next one deals with what you do once the initial audit is compiled. Perhaps you and others in this group can help me with real life suggestions. Lawyers, even tech-savvy ones, are just that, “layers.” You and others like you are the real experts. Teach me what I need to know. J

The Privacy Lawyer, and