Irreverence

Texas law turns companies with eDiscovery data into private eyes

posted on 03 July 2008 11:14

Collecting, storing and searching data could require PI license

Businesses in Texas that work in the eDiscovery area and amass and store and search digital data could need a private investigator's license as a result of a ridiculous new law in Texas.

How on earth did the legal eagles in Texas, with brains the size of Nobel prizewinners to a man, get into this ten gallon hat-sized mess?

The state passed a law termed H.B. number 2833 which says you must have a security services contractor license if you engage in an activity in which a license is required and that such activities include functioning as an investigations company when looking into the content of digital data not publicly available. Relevant text in the law states: "obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public."

Oops ....

The Texas Private Security Board then started telling computer businesses likely to be engaged in eDIscovery-type investigations that they might need a PI license. Natrally it cost lots of money and involves much bureaucratic hoopla. If you break this law you could go to jail.

The law will have to be amended or tested in court. All eDiscovery-related data collection and investigation efforts will now go outside the state. Business activities will be adversely impacted. Employment will go down and the state of Texas legislature will be shown to include several fools amongst its members and staff.

Down these mean data streets a computer geek must go. My name's Marlowe, Philip Marlow....

^{[Chris Mellor.]}