M. James Daley, CIPP/US

Latest Articles

When:           Monday, April 24, 2017 Where:          Offices of Seyfarth Shaw LLP, Chicago, IL Sign in:          5:00 – 5:30 pm Event:            5:30 – 6:30 pm Reception:    6:30 – 7:30 pm Topic: Interactive Dialogue concerning The Sedona Conference® International Litigation Principles (Transitional Edition): Practical Help for Companies with the EU General Data Protection Regulation and Privacy Shield Please…
In January 2017, The Sedona Conference Working Group on International Electronic Information Management, Discovery, and Disclosure (WG6) issued the much-anticipated International Litigation Principles on Discovery, Disclosure & Data Protection in Civil Litigation (Transitional Edition). This publication updates the 2011  International Litigation Principles, which preceded the 2013 Snowden revelations and the Schrems decision invalidating the U.S.-EU Safe Harbor.  It also incorporates adoption and implementation of the EU-U.S. Privacy Shield, and the approval of the EU…
Last month, The Sedona Conference released the public comment version of The Sedona Conference Data Privacy Primer, a comprehensive catalog of U.S. data privacy issues, legislation, and resources, designed to provide “immediate and practical benefit” to organizations and practitioners dealing with privacy issues. The Primer is a work product of The Sedona Conference Working Group Eleven on Data Security and Privacy Liability (WG11). The Primer is open for public comment until April 16, 2017.…
Scott Carlson has been selected to serve on the Georgetown Advanced eDiscovery Institute (AEDI) Advisory Board. The AEDI’s Advisory Board plans Georgetown Law Center’s annual eDiscovery conference.  Now entering its fourteenth year, the conference is recognized as the preeminent annual global eDiscovery Conference. As a nationally recognized figure in eDiscovery and Information Governance, Scott Carlson will be a welcome addition to the Board.  Scott fills the position held by Seyfarth attorney James Daley,…
  This week, the European Commission released its proposal to repeal the existing Regulation on Privacy and Electronic Communication (the ePrivacy Directive (Directive 2002/58/EC)) and to replace it with a new Regulation. Unlike the current EU Data Directive and the new General Data Protection Regulation (GDPR) effective May 2018, the ePrivacy Directive primarily addressed practices of traditional telecommunication providers and new providers of electronic communication services (e.g., Gmail, and others listed below). The reason…
On April 14, 2016, Microsoft sued the United States Department of Justice to challenge the search and seizure provisions of the 30-year old ECPA, because its customers “have a right to know when the government obtains a warrant to read their emails, and because Microsoft has a right to tell them.”  (Microsoft v. DOJ, No. 2:16-cv-00538-JLR, Complaint (W.D. Wash. Apr. 14, 2016).) On September 2, several prominent tech companies, including Apple, Amazon, and…
Recently, the U.S. Court of Appeals for the Second Circuit sided with Microsoft Corporation and global privacy advocates in the case of In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corporation, No. 14-2985, 2006 WL 3770056 (July 14, 2016), by holding that the issuance of a warrant to obtain private emails stored on a Microsoft server in Dublin, Ireland, constituted an impermissible extraterritorial application of…
On August 1, 2016, the United States Department of Commerce launched the EU-U.S. Privacy Shield self-certification process on its Privacy Shield Website. More than 115 U.S. companies have already self-certified. The Privacy Shield was designed to provide U.S. and European companies with a mechanism to comply with EU data protection requirements for cross-border transfers of personal data in the wake of the invalidation of the previously-used U.S.-EU Safe Harbor Framework. As with the prior…