The GDPR: More a Collaboration Opportunity Than a Data Hindrance?
The GDPR was front and center at the “International e-Discovery and Data Protection” session of Relativity Fest 2018, where panelists said it can be an opportunity to bake privacy into the discovery workflow.
October 02, 2018 at 02:00 PM
5 minute read
The original version of this story was published on Legal Tech News
It's a radical concept, but stay with me here. Perhaps, in spite of the extremely large potential fines and the headaches it has caused IT teams worldwide, the General Data Protection Regulation (GDPR) is something that should be embraced?
At the very least, some analysts and attorneys engaged in European e-discovery believe so.
“Eighteen months ago, there seemed to be a hostile attitude in the U.S. against the GDPR. … Now, people seem to accept that it's a good thing, that privacy is a good thing,” said Karyn Harty, an Ireland-based partner at McCann FitzGerald. In that time, she has seen a move away “from the perception that data is a commodity that can be bought and sold, rather than the European attitude that it's a fundamental human right.”
Unsurprisingly, the GDPR was front and center at the “International e-Discovery and Data Protection” session of Relativity Fest 2018. But rather than treat the regulation as a burden to discovery review or cross-border data transfer, the assembled panelists said it can be an opportunity to bake privacy into the discovery workflow.
For his part, Karl Hennessee, senior vice president of Litigation, Investigations & Regulatory Affairs at France-headquartered Airbus, said he views the GDPR as a framework to discuss the privacy of the people whose rights he represents: Airbus employees.
He told the assembled crowd, “I would ask you that the GDPR should perhaps be embraced” as a representation “of the people that we represent.”
C-suites are certainly embracing the GDPR. Harty noted that “five to ten years ago, it would have been a data protection officer (DPO), if there was a DPO, and they would have had trouble getting the attention of the board.” But now, “the vast majority of our clients are really settling down into GDPR compliance.”
And that view is reverberating across the organization. Heidi Stenberg, principal, Assurance Services, Fraud Investigation and Dispute Services, EY, noted that the GDPR has been a jumping off point for attorneys to more closely collaborate with the IT department.
“I think they have no other choice than to communicate effectively for this reason. It's a higher stakes game now,” she explained.
Similarly, Stenberg said, the GDPR has spurred technology developers to work with attorneys to develop novel solutions for cloud storage, raising the level of innovation across the legal department as a whole.
“They're looking through that lens and looking where to store that data … thinking about it from start to finish. I think perhaps that was missing previously,” she added, also noting the blockchain and automated redactions as two other technological areas that could emerge in this space.
And the GDPR could even spur attorneys to work with litigation support professionals in a new way. Johnny Lee, principal and national practice leader for Forensic Technology Services at Grant Thornton US, noted that when it comes to e-discovery platforms, “you can repurpose those tools to very great effect … doing things they were never designed to do.”
The entire point of e-discovery, he added, is designed “to shrink the haystack before you search for the needle.” This thinking can be applied to internal investigations, privacy implementations, and more. “While that was a hard sell for me ten years ago, it's an easier sell now, because the licensure has caught up with the market.”
Of course, there is always the issue of working with foreign regulators, and the panelists all agreed that there remains some portions of the GDPR that need to be clarified. But even with some lingering confusion, the panel said that the GDPR can provide an opportunity to take a more collaborative tone with regulators than U.S. companies are perhaps used to.
In fact, Lee said, “If you're going to innovate in this space, it's important to have a good working relationship with your regulators.” He added that regulators are receptive to an argument from “the ability to reach across the aisle and say, the rule has this, if I do that, I run afoul of that.” And he got a laugh from the assembled crowd that if you don't cooperate, “it's like living with an angry in-law, because they're not only pissed at the prior exchange, but now they're not willing to help you with the next one.”
Indeed, in her experience, Harty said European data protection commissioners are taking a pragmatic approach, especially when it comes to low-level cases. “They're actually being very helpful in saying, yes we're going to look into this further, or no, you can consider this case closed,” she explained.
Plus, even with those collaboration benefits that can be gained from the GDPR, the penalties do indeed loom large. Harty relayed what a European data protection commissioner told the crowd at a recent Sedona Conference meeting: “You think complying with the GDPR is expensive? Try not complying.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
Companies' Dirty Little Secret: Those Privacy Opt-Out Requests Usually Aren't Honored
As AI Transforms Drug Development, FDA Is Scrambling to Figure Out Guardrails
5 minute readInside Track: How 2 Big Financial Stories—an Antitrust Case and a Megamerger—Became Intertwined
Trending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250