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The Sedona Conference Blows the Doors Off US Privacy

Monday, January 16, 2017   (0 Comments)
Posted by: Mary Mack
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The Sedona Conference Working Group on Data Security and Privacy Liability released their Data Privacy Primer for public comment.  Far from a basic enumeration of Principles, the Data Privacy Primer is an ambitious comprehensive overview of the privacy landscape.  Richly cited, the Primer will be indispensible for eDiscovery practitioners navigating US based privacy concerns for civil, not criminal litigation. 

Beginning in the common law tort area of privacy, the authors traverse the landscape of emerging US privacy norms, standards, principles and rules.  The hodge podge mesh of US privacy regulation is exposed in pain staking detail, including the usual suspects of HIPAA, HITECH, Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Right to Financial Privacy Act (RFPA), and more.  Workplace privacy, social media monitoring and passwords are covered in addition to student privacy and the privacy of children.

The authors wisely defer harmonizing the various frameworks or diving deeply into the differences among state law and instead, gift the community with a searchable 115 page PDF and rigorous analysis of the common law, regulations, audits, enforcements and civil cases.  Many state laws, regulations and cases are included, especially the outliers.

ACEDS enthusiastically echoes The Sedona Conference Executive Director, Craig Weilein’s thanks to the stewards of this work:

“The Sedona Conference acknowledges the efforts of Editor-in-Chief Corey Dennis, who has moved this project forward through its various stages, and senior editors Elise Houlik and Peter Miller, who were key in bringing this publication to fruition. We also thank contributors Jay Edelson, Jennifer Hamilton, Roy Leonard, Dana Post, Matthew Prewitt, Caroline Reynolds, and Joe Sremack for their efforts and commitments in time and attention to this project.”

Privacy is a continual work in progress and with the change in administrations, likely to continue that way.  The Data Privacy Primer is an invaluable resource as a point in time guide to a complex and important aspect of eDiscovery.

This work is highly recommended. Comments are welcomed through April 16, 2017 by The Sedona Conference authors and editors at


Download the report here.  (Short registration on The Sedona Conference site.)

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