Data privacy has been the subject of countless headlines this year thanks to a number of high profile data breaches, international data protection laws such as the EU General Data Protection Regulation (GDPR), and domestic developments such as the CLOUD Act and the California Consumer Privacy Act.

In the U.S. discovery context, the impact of the increased focus on data privacy has been less clear. Although parties, practitioners, and judges are more aware of data privacy obligations and the data privacy rights of individuals, the jury has remained out on the question whether that awareness will translate into narrowed discovery. A recent decision from a federal magistrate judge, however, provides support for those who want courts to factor data privacy concerns into their determinations of the permissible scope of discovery.

‘Henson v. Turn’

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