Privacy, E-Discovery and Government

Circuit Court judge issued an unusual ruling Friday in a lawsuit in which an advocate for open government is suing four members of the Venice, Fla., city council for allegedly discussing city business via e-mail and not in a public forum, as required by Sunshine laws. Robert Bennett ruled that the council members, who include Venice Mayor Ed Martin, could sift through their e-mail, along with the attorneys, to remove any messages that may threaten their privacy, according to an article posted today by HeraldTribune.com. The e-mails then can be copied.

Protecting privacy in the face of e-discovery (the term used to describe the inclusion of electronic documents â€" including e-mail â€" in the official part of the discovery process during a lawsuit), has been evolving. What would be interesting to note is what the defendants' attorneys consider private and what they do not. Implications for federal employees?