Gathering of information in Internet environment: balancing the right to discovery and right to protect the privacy under the laws

Gathering of information in the internet environment is very challenging since the information may be available at different places. There are many methods to gather information and one of it is by way of discovery of document. This discovery process is adopted when preparing one's case for a f...

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Main Author: Mohamed, Duryana
Format: Article
Language:English
Published: International Association of Computer Science and Information Technology Press (IACSIT) 2013
Subjects:
Online Access:http://irep.iium.edu.my/29451/
http://irep.iium.edu.my/29451/
http://irep.iium.edu.my/29451/
http://irep.iium.edu.my/29451/4/IJSSH_Vol_3%2C_No_2_March_2013_Duryana.pdf
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recordtype eprints
spelling iium-294512013-04-23T03:10:46Z http://irep.iium.edu.my/29451/ Gathering of information in Internet environment: balancing the right to discovery and right to protect the privacy under the laws Mohamed, Duryana K Law (General) KF United States Federal Law Gathering of information in the internet environment is very challenging since the information may be available at different places. There are many methods to gather information and one of it is by way of discovery of document. This discovery process is adopted when preparing one's case for a full trial. It is used to gather information which is not adequate and the party needs to get relevant documents from the opposite party as to complete his case. The opposite party in the suits may be an individual, company, government agency or its servant. When the court order for discovery the opposite party is expected to comply with it but in some cases, the opposite party refuses to do so citing privacy issue as his or their reason for refusal. The issues are how to effectively implement discovery against them and how to balance between the right to discovery and right to protect the privacy of their clients. What is actually their liability towards the plaintiff and what are the consequences of failure to comply with discovery order. This paper will discuss and analyse the above issues by presenting laws and court decisions pertaining to discovery of documents as practiced in Malaysia and several other countries. International Association of Computer Science and Information Technology Press (IACSIT) 2013-03-31 Article PeerReviewed application/pdf en http://irep.iium.edu.my/29451/4/IJSSH_Vol_3%2C_No_2_March_2013_Duryana.pdf Mohamed, Duryana (2013) Gathering of information in Internet environment: balancing the right to discovery and right to protect the privacy under the laws. International Journal of Social Science and Humanity (IJSSH), 3 (2). pp. 103-108. ISSN 2010-3646 http://www.ijssh.org/index.php?m=content&c=index&a=show&catid=37&id=474 DOI:10.7763/IJSSH
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
KF United States Federal Law
spellingShingle K Law (General)
KF United States Federal Law
Mohamed, Duryana
Gathering of information in Internet environment: balancing the right to discovery and right to protect the privacy under the laws
description Gathering of information in the internet environment is very challenging since the information may be available at different places. There are many methods to gather information and one of it is by way of discovery of document. This discovery process is adopted when preparing one's case for a full trial. It is used to gather information which is not adequate and the party needs to get relevant documents from the opposite party as to complete his case. The opposite party in the suits may be an individual, company, government agency or its servant. When the court order for discovery the opposite party is expected to comply with it but in some cases, the opposite party refuses to do so citing privacy issue as his or their reason for refusal. The issues are how to effectively implement discovery against them and how to balance between the right to discovery and right to protect the privacy of their clients. What is actually their liability towards the plaintiff and what are the consequences of failure to comply with discovery order. This paper will discuss and analyse the above issues by presenting laws and court decisions pertaining to discovery of documents as practiced in Malaysia and several other countries.
format Article
author Mohamed, Duryana
author_facet Mohamed, Duryana
author_sort Mohamed, Duryana
title Gathering of information in Internet environment: balancing the right to discovery and right to protect the privacy under the laws
title_short Gathering of information in Internet environment: balancing the right to discovery and right to protect the privacy under the laws
title_full Gathering of information in Internet environment: balancing the right to discovery and right to protect the privacy under the laws
title_fullStr Gathering of information in Internet environment: balancing the right to discovery and right to protect the privacy under the laws
title_full_unstemmed Gathering of information in Internet environment: balancing the right to discovery and right to protect the privacy under the laws
title_sort gathering of information in internet environment: balancing the right to discovery and right to protect the privacy under the laws
publisher International Association of Computer Science and Information Technology Press (IACSIT)
publishDate 2013
url http://irep.iium.edu.my/29451/
http://irep.iium.edu.my/29451/
http://irep.iium.edu.my/29451/
http://irep.iium.edu.my/29451/4/IJSSH_Vol_3%2C_No_2_March_2013_Duryana.pdf
first_indexed 2023-09-18T20:43:14Z
last_indexed 2023-09-18T20:43:14Z
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