French Data Protection Agency Sets Parameters For U.S. Discovery Of Data Falling Under French Jurisdiction
Mondaq Business Briefing › United States Law Articles in English (2009)
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French Data Protection Agency Sets Parameters For U.S. Discovery Of Data Falling Under French Jurisdiction
On August 19, 2009, the French privacy and data protection authority (the "CNIL") issued an opinion (the "Opinion") addressing privacy and data security concerns that may arise under French law when U.S. litigants attempt to reach data falling under French jurisdiction.1 While the Opinion does not apply to data requests from U.S. agencies or to evidentiary issues that may surface during litigation, it may have considerable impact on U.S. litigants conducting discovery of data governed by French law.
The Opinion emphasizes the need for application of French and European data protection laws to foreign discovery of French data, in addition to limitations on international data transfers imposed by the Hague Convention of 1970 (the "Hague Convention").2 It also offers practical guidance to U.S. litigants seeking documents that fall under French jurisdiction. U.S. litigators should note such guidance when conducting discovery of data located in France or otherwise affected by French privacy laws.3 ...See the full content of this document
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