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The High Court in the UK has fully endorsed the use of predictive coding in discharging a parties obligation regarding electronic disclosure. Master Matthews, in Pyrrho Investments and others v MWB Property and others [2016] EWHC 256 (Ch), noted in this case that "there were no factors of any weight" to point in the direction of not using predictive coding for the disclosure process.  This is the first time a UK Court has given judgment on the area, while noting the limited Irish and US jurisprudence on the topic.

Predictive coding, often referred to as technology assisted review, is the use of computer software to review and analyse documents, determining if they are of relevance to the issues of the case. It is not without human input however, as the computer must first be "trained" in order to determine relevance.  Based on the training received the software can review and score documents for relevancy, subject to quality assurance exercises carried out by the human reviewer.


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On 14 September 2015, Minister of State for International Financial Services Simon Harris TD launched the FPAI, a new trade association founded to further the interests of stakeholders involved in the rapidly evolving Irish FinTech sector.  

FinTech (financial technology) is the term used to describe any technology applied to financial services. Across the broad spectrum of FinTech products available, everyday examples include mobile banking, peer to peer lending, digital currency (e.g. Bitcoin), crowdfunding (e.g. Kickstarter) and online payments systems (e.g. Stripe).


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Last month the Department of Communications, Energy and Natural Resources published the Government’s National Cyber Security Strategy 2015-2017 (the Strategy).

In 2013 the World Economic Forum classified cyber related threats as one of the highest of all global risks from the perspective of impact and likelihood. This assessment was echoed at a national level in the Government’s 2014 National Risk Assessment. The development and proliferation of Information and Communications technology (ICT) has transformed the way in which society operates. There are few sectors of both society and the economy which do not rely on some form of ICT for their continued operation. This increased dependence has led to increased risk with threats such as hacking, cyber-crime, hacktivism, cyber espionage, software failures and even human error posing a direct threat not only to the daily lives of Irish citizens but also to the economy and the State.


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Augmented Reality (AR) uses technology to overlay real world, physical environments with virtual components like light, sound, video, images or GPS data.  Once seen as a futuristic and ‘gimmicky’ area, AR is growing at a rapid pace and will soon form part of our everyday technology. Microsoft recently unveiled its AR wearable technology, ‘Hololens’ which is geared towards gaming and design and comes in the form of a headset.


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The Office of the Data Protection Commissioner (ODPC) recently released the results of the second Global Privacy Sweep. Twenty-six privacy enforcement authorities, including Ireland, participated in the Sweep, which examined 1,211 apps. The theme of the Sweep, Mobile Privacy, was chosen due to many privacy enforcement authorities having identified mobile apps as a key area

Photo of Alison Quinn

Last week saw the European Commission adopting a revised regime in respect of technology transfer agreements. The new agreements will enable companies to better licence the use of patents, know-how or software held by another company for the production of goods and services. The new Technology Transfer Block Exemption Regulation (TTBER) and accompanying Technology Transfer Guidelines (Guidelines) will enter into force on 1 May 2014.

The TTBER and Guidelines will create a safe harbour for licensing agreements seeking to strengthen incentives for research, innovation and stimulate competition. 


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