Applying the redactions to ensure recipients are not able to retrieve the redaction information, be it by simple means or using more sophisticated tools.Accurately identifying the information to be redacted in documents to be provided / released and.In a corporate transaction, inadvertently disclosing commercially sensitive information might not only cause a breach of duties, it could cost a company millions in the negotiated sales price.Īpplying effective redactions is a two-step process: Aside from the embarrassment, it could mean that Parties lose their right to claim privilege, making internal legal advice they received available to the Opponents with damaging consequences to their case. The risks of not applying effective redactions can be high. Typical scenarios in the legal industry include the redaction of privileged, commercially sensitive or privacy information before exchanging documents with other Parties in a litigation or when responding to a regulatory enquiry or including documents as part of the Due Diligence process of corporate transactions. Redacting (also referred to as blackening or masking) is the process of removing information from documents that are to be provided to a Third Party. Not only has this oversight meant that media outlets and their readership have been able to review text which was otherwise meant to remain private, the oversight has no doubt caused some concern within legal circles as to the sanctity of redacted material in their own cases. Gaining access to this information did not require sophisticated software or knowledge, but a simple ‘copy and paste’.
Redacted document full#
In each of these instances, text which should not have been accessible within a document was able to be copied from the documents and reviewed in full once transferred into a standard text editor like Microsoft Word. Several news articles have highlighted that even in high profile cases, such as proceedings against Facebook and Trump lobbyist Paul Manafort, documents have been produced with ineffective redactions.
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