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University of Miami Inter-American Law Review

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To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary Feb 2016

To Discovery And Beyond: A Comprehensive Look At Argentina’S Data Protection Laws, Sean Mccleary

University of Miami Inter-American Law Review

This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a balancing test. This …