Legal Forensic Collection Differences and Technology, Essay Example

FRCP that is applicable in the US does not differentiate information that is categorized as private and public. Likewise, all the information falls under the category of relevant ESI must be protected (Privacy & EDiscovery). However, there is only one exception i.e. privileged communication between the two parties that is the client and the attorney, similarly physician and patient etc. moreover, recommendations are to agree on a ‘clawback’ agreement through the conference of ‘meet and confer’ in order to support the privileged documents unintentionally created for the conflicting party, the provision must be returned and demolished according to (Rule 26 (b) (5) (B) (Privacy & EDiscovery ). furthermore, US also do not have an effective privacy law for Health Insurance Portability and Accountability Act (HIPAA) (Sande, PamelaVigliotta, JoanWagner, Marcia S.Peabody,Virginia S., 2009). On the other hand, EU data protection laws lack management and organization between different European Union states, as it is difficult to analyze any law for any given situation.

Forensic investigators in the US can apply encryption techniques for authentication and integrity purpose. U.S law categorizes encryption in to two categories:

General:  “The use, development, manufacture, sale, distribution and import of encryption products, standards, and services for purposes of assuring the confidentiality, authenticity, or integrity or access control of electronic information shall be voluntary and market driven” (E-PRIVACY encryption bill )

Conditions: “No agency of the United States or a State shall establish any condition, tie, or link between encryption products, standards, and services used for confidentiality, and those used for authentication, integrity, or access control purposes” (E-PRIVACY encryption bill)

References

Sande, PamelaVigliotta, JoanWagner, Marcia S.Peabody,Virginia S. (2009). Chapter 10: HIPAA and other laws. (pp. 10:1-10:26) Aspen Publishers Inc.

Privacy & EDiscovery Retrieved 10/31/2011, 2011, from http://ediscoverymap.com/2011/03/how-to-conduct-ediscovery-in-the-european-union/

E-PRIVACY encryption bill Retrieved 10/31/2011, 2011, from http://epic.org/crypto/legislation/eprivacy.html