My techlaw talk – EU Data Protection Regulation

Welcome to join me on the 30th September 2013 at the BCS Office, London.
Admission Free – Limited Places available
To attend please register via this BCS link:

Details of the event:
BCS – The Chartered Institute for IT
Joint Event BCS LAW SG and IRMA

Monday 30 September 2013
18:00 for event start
18:30 event end 20:30

FILMING: This event may be filmed and recording could be used for future publicity.

Legal issues concerning Data Privacy and Technology generated by the Draft (2012) EU DP Regulation presented by Cher Devey

New legal issues concerning data privacy and technology have arisen from the recently drafted (January 2012) EU General Data Protection Regulation (Draft EU DP Regulation) that should be of immediate interest to lawyers, compliance officers, as well as IT professionals. This revised regulation will eventually replace the current Data Protection Act of 1998.

Early this year a draft report on the Draft EU DP Regulation was released by the MEP Jan Phillipp Albrecht. This Albrecht report (the Report) proposes 350 amendments and has been widely reviewed and commented on, not only in the EU but also with mixed reactions from the US industry and government.

Besides the controversial concepts underpinning the proposals (e.g. the Right to be forgotten), technological measures for protecting personal data and the compliance incentives (in terms of penalties) have also stirred heated debates. The Report also stresses the accountability approach and measures including data protection assessment. In particular it introduces the concept of the ‘producer’. Broadly, the ‘producer’ is the entity that creates automated data processing or filing systems to be used by data controllers or data processors. Potentially the ‘producer’ needs to comply with ‘privacy by design’ and ‘privacy by default’ principles. While the exact scope is still in the making, the introduction of such concept has implications for software and hardware designers and developers.

There are many messy questions not only stemming from the data privacy law but also from the confluence of this and technology. Potential topics for discussion;

What do we understand by ‘privacy by design’ and ‘privacy by default’ principles?

Is data protection assessment a data privacy risk assessment or more?

How do organisations assess or identify data privacy and potential exposure to data related events (theft, misuse, abuse)?

The aims of these topics are to invite participants to share their stories, and also explore what are the challenges ahead.

The format of the evening will be a facilitated forum driven by attendees’ questions and discussions.

Materials;
The Draft EU General Data Protection Regulation

The Albrecht Report;

Facilitator Profile
Cher Devey

Cher Devey (BSc, MBA, DipIntArb) has particular expertise in technology and computers matters affecting businesses and individuals. She has the benefit of having worked as senior IT Consultant (as Project Manager/Business Architecture/Business Analyst) for several major global investment banks and software service providers. Besides her professional IT qualifications, being a Chartered Engineer (CEng) and a Certified Information Technology Professional (CITP, British Computer Society), she has also studied specialist modules in computer and communications law (LLM with Queen Mary College, London).She is also a Fellow of the Chartered Institute of Arbitrators (FCIArb) and an accredited CIArb Mediator.

As from October 2013, Cher will be a PhD student (with Studentship) with the Centre for Cyber Security Sciences, City University London.
She occasionally blogs at http://jollyvip.com/edisclosure/
Her research site at http://www.insuredatarisk.com/

For overseas delegates who wish to attend the event please note that BCS do not issue invitation letters.

Cancellation Policy
In the event of cancellation the delegates will be told well in advance. BCS reserve the right to cancel any event. BCS is not responsible for hotel or travel costs. No refunds will be given after 18 March 2013.

Bookings close 29 September 2013 at 23:59.

Email: mandy.bauer@hq.bcs.org.uk

Electronic Privacy
As a body for IT professionals BCS Group regularly communicates with its interested parties by email. I understand that BCS Group will not pass on my email address to other organisations.

Data Protection Act 1998
BCS Group will hold your personal data on its computer database and process it in accordance with the Act. This information may be accessed, viewed and used by the Society for administrative purposes and conducting market research. All of these purposes have been notified to the Commissioner. If you are based outside the European Economic Area (the ‘EEA’), information about you may be transferred outside the EEA in accordance with the requirements of the Act.

Further information about this and other BCS activities is available via the website,
else via email to Law SG Branch Chair, Jennifer Dean at: dean.jenniferlila@gmail.com

social academia

Where has time gone?
This blogspace has been quiet and probably soon to be dismantled.
Only time will tell…

Well, I’ve just joined the social academia space at academia.edu.
Welcome to join in and follow up and follow side way too.

Follow me on Academia.edu

Data Tidings in blog-chats

Data is not just data anymore, its Big Data

Out goes tera/petrabytes instead use ‘Big’

Big also heralds in Hadoop (& Hive & Pig etc)

These ‘animals’ and their Open Source playgrounds will change EDD (Electronic Discovery & Disclosure) software/services.(for the better!)

Will there be a Magic Quadrant EDD tackling Big +Cloud+ Open Source?

There are signs that the EDD rules (i.e. FRCP and CPR) will be revised (for the better?)

Here (England & Wales), the CPR will be revised/changed in April.

My 2013 EDD data recipe ; beware of stale data, don’t ingest ‘all-you-can-eat’ [3 mobile]data, and stay clear of everything-but–the-kitchen-sink EDD approach.

Kick starting the 2013 calendar with blog-chats!

The 7th Annual e-Disclosure Forum

I am looking forward to the Sweet & Maxwell event on eDisclosure in London.
Venue is:
The Hallam
44 Hallam Street
London W1W 6JJ

Date :
Thursday, November 15, 2012
9:00 AM – 5:00 PM

In searching in this blog for past events that I’ve attended, most of the links and contents have changed and/or disappeared!

Here’s the agenda:
8.30
REGISTRATION AND COFFEE
9.00
CHAIR’S INTRODUCTION AND CONFERENCE OUTLINE
Chris Dale, The eDisclosure Information Project

A brief overview of the rules and cases used to challenge the conventional view
• Goodale: if the court can make any order, you can seek any order
• The pending Rule 31.5 to encourage active judicial decision-making
• How can you persuade your opponent and the judge to your point of view?

9.20
THE QUESTIONNAIRE/PRACTICE DIRECTION/GOODALE
Moderator: Chris Dale, The eDisclosure Information Project
Panellists: Vince Neicho, Litigation Support Manager, Allenn & Overy LLP
Senior Master Steven Whitaker, Senior Master of the Supreme Court of England and Wales in the Queen’s Bench Division, the Queen’s Remembrancer and a former barrister
Kate Paslin, Associate General Counsel – International, AccessData Group

The Questionnaire
• When do you need to complete the Questionnaire?
• What value does it have, even where it does not necessarily apply?
• How do you gather the information early, without incurring significant time and expense?
The Practice Direction
• When does the Practice Direction apply?
• What obligations arise for discussion and cooperation?
Goodale
• This session will assist you in deciding what you really need on your own side and developing the arguments which support any derogations from the stringent obligations under Rule 31.6.

10.30
NETWORKING AND REFRESHMENTS BREAK
11.00
COSTS AND TECHNOLOGY
Moderator: George Socha, President, Socha Consulting LLC
Panellists: Browning Marean, Senior Counsel, DLA Piper US LLP
Dominic Regan, Professor, City University of London
Johannes Scholtes, CSG, ZyLAB
Drew Macaulay, Director, First Advantage Litigation Consulting

Costs
• Costs estimates: how to gather the information and
estimates
• Identifying the certainties and uncertainties
Technology
• What are clustering, email threading, and predictive
coding?
• What do these tools do and what are their strengths
and limitations?

12.15
NETWORKING LUNCH
13.30
HOW SHOULD YOUR LAW FIRM STRUCTURE ITS eDISCLOSURE TEAM?
Moderator: Browning Marean, Senior Counsel, DLA Piper US LLP
Panellists: Vince Neicho, Litigation Support Manager, Allenn & Overy LLP
George Socha, President, Socha Consulting LLC
Matthew Davis, Litigation Support Lawyer, Hogan Lovells International LLP
Robert Lewis MBE, Global Director, Barclays CFI/ eDiscovery
David Kemp, Autonomy

Competition: Not just outsourcers, but also clients, consulting firms, and barristers
• Outsourcing:
1. Processing: how do you deal with the processing of ESI? Should you outsource it? If so, when?
2. Document review: what are you outsourcing? What role will your law firm play on an “outsourced” review?
• Staffing: What sort of people would best manage eDisclosure in a law firm or in-house department? How do you find the most appropriate staff, train them, and then learn from them?

14.45
NETWORKING AND REFRESHMENTS BREAK
15.15
OVERCOMING THE CHALLENGES OF PRESERVATION AND COLLECTION
Moderator: Vince Neicho, Litigation Support Manager, Allenn & Overy LLP
Panellists: Browning Marean, Senior Counsel, DLA Piper US LLP
George Socha, President, Socha Consulting LLC
Mark Surguy, Legal Director, Dispute Resolution & Litigation Group, Eversheds
Senior Master Steven Whitaker, Senior Master of the Supreme Court of England and Wales in the Queen’s Bench Division, the Queen’s Remembrancer and a former barrister

Preservation
• What are the obligations in a jurisdiction which lacks the US formal concept of legal hold?
• What are the implications of Judge Brown’s statement in Earles v Barclays Bank to the effect that companies who expect litigation must be ready for it and should have the tools and processes to manage it?
• What does the warning in Paragraph 7 of the PD (to advise your clients to stop deletion) really mean?
• How do you keep alert to the Rybak-type situation where your client or his opponent may have deleted data deliberately?
Collection
• Considerations: How? How much? Where from? With what resources? By whom?
• What are the implications of over- or undercollecting?
• Who needs to talk to whom and with what agenda?

16.30
CHAIR’S CLOSING REMARKS AND RECAP

open source ediscovery

Last summer I posted this – collaboration coming from open source .

Looks like there is now a forum setup to spearhead the open source (code engine) for ediscovery. The FreeEed.org invites folks to join in the movement. I guess even law firms (not sure about lawyers themselves) are welcome, as noted that DLA Piper is supporting open source software.

See you there!

Free ebook – Predictive Coding

The Predictive Coding for Dummies by Recommind is now available for download at Dummies.com

Idiot’s Guide or Dummies Book

The most difficult aspect of edisc(overy)/(losure) is writing a definitive, complete book covering all the elements of edisc that satisfies everyone or is suitable for general release. So, will a Dummies Guide or an Idiot’s Guide to edisc make it to this year Xmas book list? Perhaps an unlikely Xmas event.

What has been stated is that the review process is the most expansive aspect of edisc (i.e. expansive labor and time and voluminous document). So much so that predictive coding is now not only a tool used for the review process but also has become a topic of its own in the US courts. Is the review process also the most difficult of the edisc process? If you answer ‘yes’ or ‘no’, why do we need predictive coding?
Perhaps some answers (hopefully with relevant questions raised too) will appear in the new book Predictive Coding for Dummies book.

I wonder why there are no Dummies or Idiot’s Guide to the review process, instead one on predictive coding. I guess it is easier to write about a piece of tool/technique and not too easy to write on the review process or not profitable enough to do so.

Reposting- eDiscovery in India alert

My Asian alerts on e-discovery highlighted that ediscovery in India is a local affair, confined to the Indian jurisdiction. The blog alert is from Techno Legal News.
Will the rest of the world also follow the approach taken by the Indian to ‘controlling’ e-discovery in the name of ‘legality and acceptability’?
Just a short posting to catch up with Asian news before I head towards Asia for a month long stay.

P.S.
This post is reposted (due to corruption in database) after my return from Asia.
All comments submitted before this reposting are now lost.

new site for iedisc.com

Change is good news!

I have now moved iedisc.com to a new site.

Still WIP as I am testing the many links.

Once done will do more summer cleaning!

Thanks.
Cher
p.s.
the url will appear as jollyvip.com/edisclosure

reigniting on computing stuff

I had on my list-to-do to consolidate this blog with my new websites at www.iadrt.com and www.insuredatarisk.com. I have not figure out a ‘neat’ or simple way to consolidate not only this blogging site (which was my 1st WordPress attempt) but to simplify my twitter accounts which I have three twitters. I guess it all boils down to what I want to do with all these ‘stuff’.

This morning I saw a tweet which caught my attention, a twitter I recently added to my @insuredatarisk account. This account is for all ‘stuff’ related to computing stuff. Computing stuff in my vocabulary includes data or cyber risk, processes, agile, computer or information security, people in computing and anything else that ‘bugs’ me to my core or rather anything that ignites my interest in computing. After all I choose to study mathematics and computing and not music (always wanted to play classical guitar) or medicine (which was what my dad wanted!).

Lately I have been reflecting on why I cannot let ‘GO’ of my interests in computing stuff even after spending most of last 10 years exploring other fields like law, dispute resolution and my interests in energy healing and yoga. I guess I will never know why, the same reason as why I choose mathematics and computing as my 1st degree even though I have not done computing in my college subjects. Something ‘bugs’ me then and still manages to continue to ‘bugs’ me now.

I wonder why folks don’t talk about ‘bugs’ anymore, instead they use ‘errors’ like the software update errors that caused and still causing the RBS banking service downtime.  Will there be blogs from computing folks about how such errors can occur? Perhaps not, as such errors are not interesting ‘bugs’ to expose.

I just read this blog - less is exponentially more – and the ‘bugs’ got me to blog today and got me thinking about my effort to consolidate my sites.

For now, I will keep things ‘simple’ until I have figure out a way to simplify my many bugging interests.

A bug for thought – surely RBS has a business continuity or business recovery plan. Mmm…maybe they do have computer recovery planning but can’t execute the plan. Like having an ediscovery/edisclosure plan is simple enough. The buggy bits are in the execution, which ain’t that simple.  Is there a similar ‘Go’ plan to execute that is simple to the core?

More bugs to ponder…

oops my categories have disappeared from this site! More bugs to look into.