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 full t...
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| Format: | Proceeding Paper |
| Language: | English English |
| Published: |
2013
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| Online Access: | http://irep.iium.edu.my/29706/ http://irep.iium.edu.my/29706/1/pdf_ICGLC_2013_Dubai_paper_presented_on_20_Jan_2012.pdf http://irep.iium.edu.my/29706/4/ICGLC_notification_dated_Oct_2012_%282%29.pdf |
| _version_ | 1848780175827795968 |
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| author | Mohamed, Duryana |
| author_facet | Mohamed, Duryana |
| author_sort | Mohamed, Duryana |
| building | IIUM Repository |
| collection | Online Access |
| 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. |
| first_indexed | 2025-11-14T15:29:30Z |
| format | Proceeding Paper |
| id | iium-29706 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English |
| last_indexed | 2025-11-14T15:29:30Z |
| publishDate | 2013 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-297062024-07-29T08:33:04Z http://irep.iium.edu.my/29706/ 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) 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. 2013-01-20 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/29706/1/pdf_ICGLC_2013_Dubai_paper_presented_on_20_Jan_2012.pdf application/pdf en http://irep.iium.edu.my/29706/4/ICGLC_notification_dated_Oct_2012_%282%29.pdf Mohamed, Duryana (2013) Gathering of information in internet environment: Balancing the right to discovery and right to protect the privacy under the laws. In: 2013 2nd International Conference on Government, Law and Culture (ICGLC 2013) , 19-20 Jan 2013, Dubai, UAE. |
| spellingShingle | K Law (General) Mohamed, Duryana Gathering of information in internet environment: Balancing the right to discovery and right to protect the privacy under the laws |
| title | 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_short | 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 |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/29706/ http://irep.iium.edu.my/29706/1/pdf_ICGLC_2013_Dubai_paper_presented_on_20_Jan_2012.pdf http://irep.iium.edu.my/29706/4/ICGLC_notification_dated_Oct_2012_%282%29.pdf |