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.
- RT @robradcliff What should employers/recruiters be asking prospective employees/candidates with non-competes? http://tinyurl.com/cebh5p
- Protect your domain name from rogue departing employees: http://bit.ly/10uuyu
- @dominicjaar Agree re LSBC and imaging. Invites over-broad exercise of powers. (On the other hand, personal privacy concern is misplaced.) [Regarding this http://bit.ly/MV3g4]
- University IT admin, generative systems and academic freedom: a dialog: http://bit.ly/gLdDj (via @chronicle and @zittrain)
- Air Canada in access dispute with privacy commissioner. Blood Tribe redux? http://bit.ly/znc2 (via @davidtsfraser)
- RT @erikmagraken Facebook and litigation discovery http://tinyurl.com/d557jl [Subtle point well-noted by S. Chester]
- Travelling to office from prep in London. Listened to @ralphlosey podast w Scheindlin J. Decent. Privacy lectures on deck. Need coffee. [Regarding this: http://bit.ly/15ms9]
- News really sorry the photos weren’t Pauline, but that was all http://bit.ly/hDG4 More media and privacy stuff from P. Timmins. Thumbs up.
- A Combative Trial in Colorado as a Controversial Ex-Professor Seeks to Win Back His Job (NYT) http://bit.ly/oS1L7
- Law of spoliation enjoys resurgence in Canada (Law Times): http://bit.ly/Oq4i7
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.
[pic deleted – sorry!]