On March 4, 2014, I wrote a
blog post about the development of an international e-discovery
standard (the "Standard"). In a week-long series of
meetings in Hong Kong during the week of April 7th, the
international standards community made considerable progress in
advancing the Standard. In this blog post, I update you on the
developments which have taken place and invite you to provide
comments on early working drafts as part of Canada's
contribution to the Standard.
What is the Status of the International E-Discovery
In light of the complexity of e-discovery issues, the Standard
has been broken up into four parts, with four editors working
together to generate the drafts based on comments from the member
bodies, as follows:
Electronic Discovery – Part 1: Overview and
Electronic Discovery – Part 2: Guidance
governance and management of electronic discovery
Electronic Discovery – Part 3: Code of
Electronic Discovery – Part 4: ICT readiness
Each of the four parts are at the working draft stage, with Part
1 about to enter its third working draft, and the remaining Parts
about to enter their second working draft. Each of the Parts will
remain as a working draft unless and until the working group is
satisfied that the best technical and practical solutions are being
proposed. If and when the working group is satisfied that a
sufficient level of progress has been made, the Part will becoming
a "committee draft" which is registered by the ISO
Central Secretariat, and distributed for comment and, if required,
At the working draft stage, each member body (country
participating in the international standards development process)
is encouraged to build-consensus in the member country.
One of my important roles as co-editor of Part 3: Code of
practice for electronic discovery and as a member of the
working group developing each of the remaining Parts, is to reach
out to interested stakeholders in Canada for input.
How Can You Contribute to the Development of the International
If you or the company or organization to which you are
affiliated wishes to contribute to Canada's comments, I will be
permitted to provide you with copies of each of the next working
drafts (or the Part or Parts which interest you), to be issued in
July. In accordance with ISO/IEC procedure, comments are only
considered if they are presented in a particular format. If the
procedure is complied with, I can then compile all of the comments
from Canadian stakeholders and file them with the ISO/IEC as
"Canada's comments." In this way, Canada's
comments will be formally considered at the next series of
international meetings in Mexico in October 2014.
At this time, I am reaching out to determine the level of
interest of Canadian stakeholders to contribute to the generation
of the Canadian comments to be discussed in October 2014. Depending
on the level of interest, I will either speak with stakeholders
one-on-one, or hold one or more information sessions to provide an
overview of the process, answer questions, and explain the manner
in which comments must be submitted.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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