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ARTICLE · 30 MAY 2024

International Comity Prevails: Appellate Ruling In Intersection Of Document Production And GDPR Data Protection Compliance

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Fasken client, Bayerische Motoren Werke Aktiengesellschaft ("BMW AG"), defeated an appeal in the Ontario Divisional Court concerning the intersection...

CanadaPrivacy
Peter Pliszka
Peter Pliszka
Kimberly Potter
Kimberly Potter
Chad Pilkington
Chad Pilkington
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Fasken client, Bayerische Motoren Werke Aktiengesellschaft ("BMW AG"), defeated an appeal in the Ontario Divisional Court concerning the intersection of BMW AG's document production obligations in Canada on the one hand, and European data protection laws under the General Data Protection Regulation ("GDPR") on the other hand.1 In the first Canadian appellate decision to address these issues, the Divisional Court upheld the motion judge's order permitting BMW AG to redact irrelevant personal data if disclosure of the data would infringe the interests of the person whose data was being disclosed. Peter Pliszka, Kimberly Potter, Robin Roddey, and Chad Pilkington acted for BMW AG in securing this successful result.

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