Thursday, August 30, 2012

Electronic Discovery (E-Discovery) Challenges In India

Electronic discovery (e-discovery) in India is a novel field. With the active use of information and communication technology (ICT) in India, the requirements and demand for e-discovery services in India would increase.

However, e-discovery in India is also facing many challenges that India must tackle effectively to use e-discovery services in India. For instance, e-discovery for cloud computing in India, e-discovery for social media in India, e-discovery challenges for virtual data rooms and legal compliances in India, e-discovery and due diligence mechanisms, etc require special attention of Indian government and various e-discovery professionals and stakeholders.

E-discovery may also be useful for meeting the requirements of laws like Health Insurance Portability and Accountability Act of 1996 (HIPAA) of United States. Although India does not have a dedicated law like HIPPA and presently HIPPA compliances in India are not followed yet in future we cannot rule out this possibility.

Similarly, we have no dedicated data protection laws in India, data privacy laws in India and privacy rights and laws in India.  Of course, we have general laws and some of the provisions of these laws can be applied to data security, data protection and privacy protection in India. However, that is a temporary solution and in the long run we need dedicated privacy rights, privacy laws and data protection laws in India.

Recently the Supreme Court of India issued an interim order that reserved the legal practice in its widest possible manner to Indian advocates alone. This practically means that this restriction equally applies to e-discovery services in India. Thus, only Indian law firms/lawyers and Indian e-discovery LPO/KPOs of India can provide e-discovery services in India. Similarly, legal e-discovery services in India cannot be provided by any person or firm unless it consists of Indian advocates alone.

It is obvious that e-discovery challenges in India are going to be tough and all e-discovery stakeholders must be well equipped to deal with the same. Perry4Law and Perry4Law Techno Legal Base (PTLB) wish all the best to all e-discovery stakeholders in India and abroad.

No comments:

Post a Comment