Recent Texas Case Highlights Increasing Relevance of Privacy and Security Laws to E-Discovery Process
Briefly

On November 6, 2024, a Texas state district court jury found that a large e-discovery vendor violated Texas Penal Code Title 7, Chapter 33, a Class B misdemeanor for accessing a computer without permission. The court's decision underscores the critical importance for e-discovery vendors to adhere to data privacy and security protocols during discovery proceedings.
The jury awarded $50,000 in damages after determining the vendor ignored established e-discovery protocols when accessing a personal email account. By disregarding these protocols, the vendor facilitated the download of over 34,000 emails, a process that exposed highly sensitive information, including medical data and Social Security numbers, as well as attorney-client privileged communications. This incident serves as a cautionary tale for vendors regarding compliance.
Had the e-discovery vendor followed the appropriate protocols, only around 600 relevant emails would have been retrieved from the individual's account, demonstrating the necessity of stringent adherence to data privacy laws and e-discovery practices in legal contexts.
Read at Databreaches
[
|
]