![]() But they serve two distinct purposes.Ī privilege log tracks relevant documents you withhold due to privilege. Both are reports describing what you hold back during discovery. There’s somewhat of a false parallel between privilege and redaction logs. How Redaction Logs Differ From Privilege Logs You can either reach an agreement with the other parties regarding redactions or make the unilateral decision to hide certain irrelevant information. The second reason for a redaction log is when you want to protect sensitive yet irrelevant information. You may file a Confidential Reference List of Identifiers, Form MC-120. For example, under California Rules of Court, Rule 1.201, you must redact personal information from documents you publicly file with the court. There may be similar requirements in state courts. The federal rule says you may file a reference list identifying redacted information along with redacted materials. The court also might require or allow redaction of other identifying or sensitive information, like alien registration or driver’s license numbers. Information that must be redacted includes: Rule 5.2 of the Federal Rules of Civil Procedure dictates privacy protections for public filings in federal courts. The first is necessary, and the second is discretionary.įederal and state rules of procedure require redacting certain information for privacy. When Do You Need a Redaction Log?Īt least two circumstances give rise to redaction logs. It might include the document name or number, the page/paragraph location, the type of information redacted, and a brief reason for the redaction. What Is a Redaction Log?Ī redaction log is a record that tracks blacked out or abbreviated information in relevant materials turned over during discovery. When you redact information, either by choice or obligation, a redaction log provides a clear record and explanation for your choices, which might be necessary for court. No one can leak information they don’t have. Redaction offers you security beyond a protection order. But now, it’s common for discoverable materials to contain all kinds of personal identifying information (PII) you want to keep private either to protect your company or consumers. No one wants Social Security Numbers flying around for all to see. ![]() There have always been rules on when redactions are necessary. Given the massive amounts of data involved in discovery, it is imperative to protect sensitive information from unnecessary disclosure. Today, redactions are more important than ever.
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