| TOPICAL ISSUES IN CROSS BORDER DISCOVERY： RECONCILING PERSONAL DATA REGULATIONS AND INTERNATIONAL GUIDELINES |
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| 基金项目： | This article was prepared for and presented at the 5th Annual Sedona Conference@ International Programme on Cross-Border Discovery and Data Protection Laws. The authors of this paper wish to acknowledge the significant participation and contributions of Elizabeth Albers, a 3rd year law student at the University of Maine School of Law, and Marshall Matus, a consultant at Robert Half Legal eDiscovery ＆ Records Management in New York, New York. |
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| 摘 要： | This article will consider the following questions： What is the current state of the European data privacy and transfer regime？ What are the challenges the regime is facing and what are the modifications being considered to address them？ What role can the Sedona Conference play in reconciling personal data regulations and cross border discovery？ We will explore the following critical issues： 1. The position taken by the European Commission （EC） in its proposed General Data Protection Regulation （2012） that the current regime, as embodied in the European Union （EU） Data Protection Directive 95/46/EC, has not fully achieved the harmonization of its member state＇s legal systems that was originally envisioned; 2. How the regime can adapt to the challenges and be driven by dynamic legal, technological and economic environments？ The paper will conclude by examining key provisions of the EC＇s proposed regulation within the context of the Sedona Conference＇s International Principles and offer recommendations on implementation.
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| 关 键 词： | 个人资料 国际 法规 跨境 欧洲委员会 数据保护 法律制度 经济环境 |
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