New WG6 Brainstorming Groups - (1) Internal Investigations and (2) Preservation


New WG6 Brainstorming Groups - (1) Internal Investigations and (2) Preservation


Brainstorming Groups - Overview

(1) Internal Investigations  (DEADLINE EXTENDED TO OCTOBER 9, 2023)

WG6 seeks volunteers to brainstorm on the interplay of international data privacy regulations and internal investigations. The brainstorming group will be expected to review The Sedona Conference International Investigations Principles ("Principles") and consider whether WG6 should draft a supplement to Principles or a stand-alone Commentary that provides practical and current guidance for issues not addressed in Principles, such as the involvement of AI and other current, applicable technologies, as well as changes in laws that may present new concerns.

(2) Preservation in Modern Communications and Collaboration Platforms

The Challenge:

In today's business landscape, modern collaboration platforms, such as Teams, have become essential tools for enterprise communication. Their adoption continues to rise rapidly, with traditional email being supplemented by chat messages and collaborative communication spaces. These platforms facilitate a multitude of interactions, including one-to-one and one-to-many chat conversations, reactions, GIFs, emoticons, and the sharing of various files across standard, private, and shared channels, all of which are digitally recorded.

The Complexity:

When the duty to preserve data arises, organizations face the complex task of determining what to preserve. Preserving every potentially relevant document in existence is often neither reasonable nor proportional. This challenge intensifies when collaboration platforms are used across global enterprises with separate, but linked, corporate entities spanning multiple borders and jurisdictions. The scoping of preservation efforts often touch upon conflicting legal obligations and rights involving data privacy rights.

The Expectations:

The brainstorming group will be expected to explore innovative solutions. This will require expertise in developing guidelines (1) to navigate international tensions that may arise during preservation efforts and (2) that incorporate the principles of reasonableness and proportionality, specifically within collaboration platforms.


Brainstorming Groups - Member Expectations

Brainstorming group members will be expected to actively participate in regularly scheduled phone conferences to brainstorm on work product ideas. Members will also be expected to participate in the drafting of a detailed outline that allows a subsequent drafting team to prepare work product consistent with standards of The Sedona Conference.


Brainstorming Group - Selection

In order to apply for the brainstorming group, you must be a member of WG6. If you are interested in applying for the brainstorming group(s), but are not yet a member of WG6, please become a member by signing up for a Working Group Series (WGS) membership. Once a WGS member, one is eligible to take part in the activities of all Working Groups, including WG6. If you have any questions about how to sign up for a membership or encounter any difficulties while doing so, pease contact our office at [email protected] or +1(602) 258-4910.

In order to be considered for the brainstorming group(s), please complete the questionnaire found here and submit it no later than 9:00 am EDT on Tuesday, October 3, 2023.

Announcement Date: 
Friday, September 22, 2023