Who’s asking?

Normally, I think of information governance issues as being one of three types: compliance, protection, or use. Does it matter who’s asking the question?

“Prosecutors’ Bulk Requests for Email Irk Judges,” Wall Street Journal, April 5, 2014 A4 http://on.wsj.com/1smfeNS

Federal prosecutors in criminal investigations make blanket requests for all of a person’s email with an email provider, rather than limiting their requests to those emails relevant to something. Then they (the government) sort through. Some judges have become less amenable to signing such warrants, as there are Fourth Amendment issues.

Is this information governance? Or just a privacy or discovery point? Looked at from the defendant-to-be’s point of view, it’s privacy or constitutional. From Yahoo’s or Google’s point of view, it’s information governance of the compliance or protection variety. From the government’s point of view it’s just searching for evidence, I guess. How does the defendant-to-be know when to interpose an objection? Who’s information is it?

Who owns “information governance” in this context? The courts? The Department of Justice? The email provider? If not one of them, then who?

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Filed under Controls, Discovery, Information, Legal, Ownership, Privacy, Privilege, Third parties

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