Brainstorming Groups – Overview
(1) ) Operationalizing the Hague Evidence Convention and other Mechanisms for Cross-Border Data Transfers
Most judges and legal practitioners have probably never heard of The Hague Evidence Convention on the Taking of Evidence Abroad in Civil or Commercial Matters, and most of those who have heard about it have never read it, and those few who have read it have probably never attempted or considered applying it. Despite its lack of common use, The Hague Evidence Convention remains part of the legal landscape and on rare occasions some brave souls have successfully invoked it to assist in their civil litigation discovery. Among the objections to its use are arguments that its processes are slow and cumbersome and therefore risk being used to delay or even prevent foreign discovery.
WG6 is forming a new brainstorming group to consider whether The Hague Evidence Convention has potential for use in a way that would further advance discovery in civil litigation and, if so, how that use might be advanced. The brainstorming group is tasked with taking a deep dive not only into The Hauge Evidence Convention, but also in the use of MOUs and MLATs. The brainstorming group will explore the limits of those agreements in dealing with blocking statutes, data protection laws, and other impediments to the unfettered flow of information across borders to evaluate how those devices are, or may be, (mis)used to impair or impede cross-border transfers for litigation.
The ideal volunteer is a WG6 member who has a demonstrated commitment to the subject matter and at least a basic level of expertise – which will grow with participation in the well-balanced group.
(2) Cross-Border Data and Information Governance – Practical Considerations for Global Compliance
WG6 is forming a new brainstorming group to tackle the challenges presented by global enterprise data and information governance. This brainstorming group will build on two panels presented at the WG6 Annual Meeting in 2022 that discussed the challenges of developing global data management programs and the possible pitfalls and advantages of enterprise data use when using new technologies aimed at helping the business.
Effective cross-border data and information governance helps to ensure enterprise data is organized and useful to the business. It also assists with preserving the data’s accessibility, accuracy, and security consistent with the provisions of many evolving, and at times conflicting, legal and regulatory requirements. Further complicating cross-border data and information governance, many promising new technologies with significant business advantages have been introduced and increasingly relied on, particularly as workforces shifted to working from home over the past several years. These technologies include the increased use of collaboration tools and video conferencing, reliance on social media, and the proliferation of cloud storage. Newer technologies complicate data and information governance, for example, in terms of merging the data uses of these new technologies into older, less flexible data management programs and complying with data localization and transfer restrictions.
This brainstorming group is tasked with considering these data and information governance challenges and preparing an outline of practical considerations to help data managers effectively issue spot likely areas of compliance conflict, navigate these challenges, and develop globally compliant data and information governance programs. The brainstorming group may wish to consider varying definitions of personal data, restrictions on data use and transfer, consent management, the complexities of interoperability in a non-harmonized data protection landscape, the advantages and disadvantages of global, regional, or local approaches to data and information governance program implementation, and vetting technologies that may be helpful to attain these goals.
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 Groups - Selection
In order to apply for the brainstorming group(s), 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, please contact our office at [email protected] or +1(602) 258-4910.
In order to be considered for the brainstorming group(s), please provide separate answers to each of the questions below and submit to Michael Pomarico at [email protected] no later than COB EDT on Friday, September 9. Please be brief when answering the questions – no more than 50 words per answer to a question. When applying, please note which brainstorming group(s) you are applying for. If you are applying for both brainstorming groups, please be sure to answer the fourth question for each brainstorming group.
- What is your profession and expertise?
- How many years of experience do you have?
- What organization do you work for?
- What qualifications or experiences make you particularly qualified to serve on the drafting team, and why?