Litigation and Privacy Flashcards
HIPAA Qualified protective order
Prohibits parties from using or disclosing PHI for any purpose other than litigation
Information must be returned or destroyed at the end of litigation
Three part test a judge uses to decide what information will be made public in a trial
Resisting party must show information to be confidential
• Requesting party must show information is relevant
• Harm of disclosure versus need for information
What is the Sedona Conference?
Source of standards and best practices for managing electronic discovery compliance
through data retention policies
What are the four key guidelines for email retention
Administered by interdisciplinary teams
• Teams should continually develop understanding of policies and practices
• Teams should have a consensus on policies while considering industry standards
• Technical solutions should parallel the functional requirements of the organization
What is the Hauge convention on the taking of evidence?
May be invoked to avoid transborder data production
What is a protective order request?
prohibit disclosure of personal information revealed in litigation, and attorneys are increasingly required to redact Social Security numbers and other sensitive information when filing documents with the courts.
