European Privacy Laws An E-Discovery Stumbling Block

Law360, New York (July 23, 2009, 6:47 PM EDT) -- Discovery rules in the U.S. are among the broadest in scope in the world. Countries in Europe have some of the world's strictest data privacy laws. When parties involved in litigation in the U.S. request electronic data stored in the European Union, the tension between the two sets of rules can create one of the most challenging issues in e-discovery.

Data privacy laws in Europe vary from country to country, but all are based on a 1995 European Commission directive stating that the right to privacy,...
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