Archive: September 2022

1
iMessages Are No Longer Immutable: The Ability to Edit and Unsend iMessages Provided by Apple iOS 16 Spurs New E-Discovery Questions
2
Substance Use Disorder Patient Records: Important Limitations on Disclosure in Litigation or Otherwise
3
Chinese Data Security, Data Protection, and Cybersecurity Law: A Recent Enforcement Action Resulting in Large Fines Highlight Risks

iMessages Are No Longer Immutable: The Ability to Edit and Unsend iMessages Provided by Apple iOS 16 Spurs New E-Discovery Questions

On September 16th, Apple released iOS 16, which now allows users to edit or unsend iMessages. A sender can edit an iMessage up to five times within fifteen minutes after the message is sent. A sender can also unsend an iMessage within two minutes after the message is sent. Recipients of such messages receive an alert that the iMessage was unsent or edited, but do not see the specific changes.

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Substance Use Disorder Patient Records: Important Limitations on Disclosure in Litigation or Otherwise

Under 42 U.S.C. 290dd-2, federal law requires “records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance use disorder education, prevention, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States” to be maintained confidentially and disclosed only as provided under this law.  Accordingly, such substance abuse treatment programs and related third-party payers and administration entities should be aware of the restrictions on disclosure and use of patient records relating to certain substance use disorders under this statute and 42 C.F.R. Part 2.  Violations of this regulation may be subject to criminal penalty.  Significantly, this regulation does not compel disclosure of such records even if they fall into permissible circumstances, but rather indicates circumstances in which these records may be disclosed.  Patient consent and/or a court order authorizing disclosure of patient information otherwise prohibited by this regulation is necessary in order to provide this information in response to a subpoena or other legal requirement.

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Chinese Data Security, Data Protection, and Cybersecurity Law: A Recent Enforcement Action Resulting in Large Fines Highlight Risks

Electronic discovery for US litigation and legal proceedings often implicates data outside the US.  As data privacy and protection laws evolved around the globe, it’s critical to understand the limitations obstacles that may arise when collecting, processing, reviewing, and producing such data. China’s Data Security Law (“DSL”) and Personal Information Protection Law (“PIPL”), both enacted in 2021, have received heightened attention following China’s imposition of fines totaling roughly $1.2 billion in light of violations of these laws and its Cybersecurity Law (“CSL,” enacted in 2017) by Didi, China’s largest ride-sharing service provider.  China’s DSL and PIPL are particularly noteworthy of their potential application to data processing and transfer actions that may occur both during the ordinary course of business and in response to litigation in other jurisdictions, such as the United States.

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