Information Roundup – May 11, 2008

Today was a windsurfing day in Toronto.  Philip Soltysiak was out at Cherry Beach, and I tailed him around watching for a while.  It seems like Philip went from being a ten year old that came up to my waist to to an absolute super-ripper overnight.  He’s competing on the freestyle world tour this year and will no doubt do Canada proud.

Here are my most notable reads of the week:

  • Sam Bayard, “Crazy Legal Battle Between Newspapers Settles, But Leaves Worrisome Fair Use Decision Intact.”  A report on a now-settled departing employee and free speech case rolled into one.  It details a November 2007 California decision no a summary judgement motion that dealt with whether an article written by a departed journalist and not published his newspaper could be fairly used by another newspaper in reporting on the journalist’s departure.  (Citizen Media Law Project)
  • Ralph Losey, “The Days of the Bates Stamp Are Numbered.”  This picks up on an great law review article Mr. Losey wrote last fall and some recent commentary on, both about the use of hash values in e-discovery.  (E-Discovery Team)
  • Peter Applebome, “Trying to Flesh Out the History of a Family That Was Minus One.”  This probes at an FOI policy issue that has recently been addressed in our Ontario FOI legislation with the addition of a new “compassionate reasons” exception  – the right of an individual to seek personal information about a deceased relative. (See here for more on the exception.) Our health privacy legislation also has a slightly narrower exception to permit (but not necessarily require) health information custodians to disclose the circumstances surrounding the death of an individual.  (New York Times)


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