III. Gov't Access to PI (Section C: Civil Litigation & Privacy

Question 1

What does the term “discovery” refer to in civil litigation?

Answer 1

The process through which both litigants and third parties may be compelled to disclose documents, testimony, admissions of fact, and other information upon request of one of the litigants.

Question 2

What are some examples of the types of ESI that may be subject to disclosure under the e-discovery rules adopted in 2006?

Answer 2

Emails, databases, server logs, text messages, voicemails, data stored on thumb drives, and numerous other categories.

Question 3

The Sedona Conference recommends deference to what rule of thumb in reviewing how an organization has handled a compliance conflict?

Answer 3

The business judgment rule.

Question 4

True or False: A subpoena is not required under the Privacy Protection Act of 1980 if there is a danger that source material will be destroyed, to prevent serious bodily injury or death, or for a search conducted at the border.

Answer 4

False

Question 5

What is the difference between “documentary materials” and “work product material” as those terms are used in the Privacy Protection Act of 1980?

Answer 5

“Documentary materials” refers to main source materials.
“Work product material” refers to any material possessed with the purpose of communicating that material to the public.

Question 6

Some lower courts have found a qualified reporter’s privilege if what three conditions are satisfied?

Answer 6

If the reporter is: (1) engaged in investigative reporting; (2) is gathering news; and (3) intent at the inception of the news-gathering process to disseminate the news to the public.

Question 7

True or False: The 11 key principles set forth by the Sedona Conference related to “information governance” are an example of a set of fair information practices.

Answer 7

True

Question 8

Does the Privacy Protection Act of 1980 preempt state law?

Answer 8

No

Question 9

What is the only case in which the United States Supreme Court has considered the existence of non-existence of a “reporter’s privilege”?

Answer 9

Branzburg v. Hayes.

Question 10

What is the Sedona Conference?

Answer 10

A non-profit research and educational organization, which has published a set of best practices in e-discovery and data management.