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Mitigating Data Privacy Risks in Cross-Border Discovery

By March 5, 2021October 18th, 2023No Comments

Global enterprises often face conflicting obligations when collecting data outside the United States in response to a U.S.-driven discovery request. Broad collection of data, very common in the U.S., can pose conflicts with blocking statutes and data privacy regulations. How can eDiscovery teams balance production requirements with private data protection?

Ryan Costello, head of data privacy services at ProSearch, recently addressed the topic in his article A Balancing Act: Mitigating Data Privacy Risks in Cross-Border Discovery, published in Cybersecurity Law and Strategy Newsletter. The article offers three practical approaches to protecting sensitive information in accordance with data privacy regulations while meeting document production obligations. Download a PDF of the article from our Resources page.

If you have concerns about identification and protection of private data, ProSearch can help.

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Ryan Costello

Ryan Costello

A US-licensed attorney and expatriate based in Europe for more than 10 years, Ryan has cultivated an expertise in data protection and data privacy compliance across a career in eDiscovery and litigation support. With a particular interest in the area where cross-border discovery and data protection intersect, Ryan has worked with a myriad of clients to manage EU-based eDiscovery exercises while navigating data protection compliance challenges on both sides of “The Pond.” With the implementation of the General Data Protection Regulation (GDPR) amidst other changes in the regulatory context, Ryan has assisted organizations in remediating cross-border discovery risks at every turn, with an eye toward solutions that utilize best practice technical and organizational measures, data management solutions and innovative technologies. Ryan assists across a range of client engagements, with a focus on assessing protective controls for personal data across the lifecycle of the EDRM. He is also a frequent writer and speaker on the GDPR, as well as data protection compliance topics and challenges in the US and across the globe. Ryan received his BA in English and Communications from Elon University, and his JD from Western New England University.