In the D:Drive blog post "
An International Standard on E-Discovery is Becoming a
Reality", I introduced the development of an international
standard for electronic discovery, "ISO/IEC 27050 –
Information technology – Security techniques –
Electronic discovery" ("ISO/IEC 27050"). ISO/IEC
27050 aims to put in place internationally-recognized standard
procedures and practices for the stages of "e-discovery",
the process of discovering pertinent Electronically Stored
Information (ESI) by one or both parties involved in an
investigation and any resulting actions.
ISO/IEC 27050 addresses activities in e-discovery, including
identification, preservation, collection, processing, review,
analysis, and production of ESI. While ISO/IEC 27050 is not
intended to contradict or supersede local jurisdictional laws and
regulations, it will likely impact multi-national organizations by
bringing consistency to issues that span across international
I am the expert advisor representing Canada with respect to the
negotiation of the ISO/IEC 27050 and I am on the editing team, with
a focus on Part 3, Code of practice for electronic
discovery. My co-editor on Part 3 and the Project Editor of
all parts of the standard is Eric Hibbard, who is a member of the
US expert team with whom I negotiate international information
Eric Hibbard has written an excellent article, "Electronic
Discovery Standardization," in which he describes the genesis
and scope of the ISO/EIC 27050 project and explains the content of
the working drafts.
As Mr. Hibbard describes in his article, ISO/IEC 27050 will be a
four-part international standard addressing activities in
Part 1: Overview and Concepts
- Provides an overview of e-discovery, introducing
relevant terminology, concepts, and processes. This Part is
intended to be informative rather than normative.
Part 2: Governance and
Management - Targets C-level executives within
organizations that may be confronted with e-discovery scenarios,
which may or may not be legal in nature. This Part describes how
such personnel can identify and take ownership of risks related to
e-discovery, set policy relating to e-discovery and achieve
compliance with external and internal requirements relating to
Part 3: Code of Practice
- This Part sets out the document that will contain the
bulk of the guidance, and more importantly, the requirements, for
practising e-discovery. Part 3 is expected to have the most impact
on e-discovery because of the inclusion of requirements that can
serve as the basis for conformance and ultimately certification of
entities as being in compliance with internationally-recognized
Part 4: ICT Readiness
- Part 4 is intended to address the e-discovery technology
issues. This Part takes the policies and management from Part 2,
combines it with the guidance and requirements for the e-discovery
processes and activities in Part 3, and provides guidance for the
use of technology to make e-discovery more effective and
I am delighted that Mr. Hibbard, as well as the Ave Maria
Law Review, have given me permission to republish this article
for readers of the D: Drive.
The next round of face-to-face international meetings to discuss
the development of ISO/IEC 27050 is scheduled for May 4-9, 2015, in
Kuching, Malaysia, and the editing team has been hard at work
preparing the drafts that will form the basis of those
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).