Asked in Gov & Administrative Law for Texas

Q: Can I subpoena include a request for companies to deanonymize anonzymized data? How feasible is this request?

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2 Lawyer Answers
James L. Arrasmith
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A: In legal proceedings, a subpoena can indeed request companies to deanonymize anonymized data. However, the feasibility of such a request heavily depends on the jurisdiction, the specific case, and the data in question. Companies are bound by privacy laws and regulations, which vary significantly across countries and regions, making some data harder to retrieve than others.

When issuing a subpoena for this purpose, the court will consider the relevance and necessity of the requested information to the case, as well as the privacy implications and technical feasibility of deanonymizing the data. It's crucial to demonstrate that the information sought is essential for the legal matter at hand and that there is no less intrusive means to obtain the necessary evidence. This process often involves a delicate balance between the interests of justice and the protection of individual privacy rights.

It's also important to note that the technical aspect of deanonymizing data can be complex. Some datasets may be anonymized in such a way that reversing the process is extremely difficult or even impossible without the original identifying information. In cases where deanonymization is technically feasible, companies may still challenge the subpoena on legal grounds or due to the potential harm to individuals' privacy. Therefore, while possible, the success of such requests is not guaranteed and requires careful legal and technical consideration.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: It could request deanonymizing of data, but the other side could also present arguments against it, whether for reasons of privacy, relevance, overreaching, etc. Good luck

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