Information Roundup – 28 March 2009

Hello! I’ve been working hard in anticipation of a vacation, but have still had some time to poke around the net and do some reading within the information and privacy domain. Here’s a sampling of my Twitter stream from the last week.

The last bullet links to a very thorough article on the Canadian law of spoliation by Julius Melnitzer. He quoted me on the Black & Decker spoliation case and on my view that the Canadian law of preservation has a long way to go before it offers counsel with guidance. Black & Decker is great, and does does a nice job of explaining the difference between spoliation as an evidentiary principle, a check on abuse of process and a tort. As the Court notes, however, a positive duty to preserve evidence has not yet been recognized in Canada. Does this mean we Canadians can throw caution to the wind when it comes to records preservation? Hardly! It does mean that good articulation of standard of care for preservation of records in Canada is a way’s off. Until then, we should all remain vigilant and look to non-jurisprudential authority like the Sedona Canada Principles in managing the challenging issues associated with preservation.

Had a beautiful day hanging with The Bug today while Seanna was supporting her client Endurosport at the Around the Bay 30K. Captured Hugo mind-surfing a wave. Like father like son.

See ya!


[pic deleted – sorry!]

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