Discovery sanctions for GDPR redactions

An order by Judge Payne out of the Eastern District of Texas does not agree that redactions allegedly required by GDPR were proper:

To further demonstrate the alleged bad faith application of the GDPR, Arigna showed where Continental blacked out the faces of its Executive Board in a picture even though that picture was available on Continental’s public website without the redactions. Based on these redactions and failure to timely produce the ESI, Argina seeks an adverse inference instruction; an order precluding Continental from using any document that it did not timely produce, and Arigna’s costs and fees.

In response, Continental argued (but did not show) that it received an opinion letter from a law firm based in Europe stating the redactions were required by the GDPR, and that it had worked diligently to produce the ESI while also complying with the GDPR.

July 29, 2022 Memorandum Order, Case No. 22-cv-00126 (EDTX)

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