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Press Release
Electronic Redaction Shown as Essential Tool in e-Discovery for Securing Privileged and Confidential Data
White Paper Establishes Electronic Redaction as Powerful Weapon in e-Discovery Arsenal to Reduce Time-Intensive Review Phase While Ensuring Integrity
SCOTTSDALE, Ariz.—September 17, 2008—Informative Graphics Corporation (IGC), a leader in viewing, collaboration and redaction technology, today announced availability of a new white paper entitled Reducing the Risk of Inadvertent Information Disclosure with Electronic Redaction. This paper addresses methods and concerns regarding the protection of sensitive, privileged and confidential information during the e-Discovery review phase and the importance of automated electronic redaction in streamlining processes.
The management of an exponentially increasing universe of electronically stored information (ESI) is challenging the legal community to more efficiently control discovery. “The question comes down to how to do it effectively,” says Eric J. Sinrod, a partner with Duane Morris LLP in San Francisco.
The answer is complicated by the 2006 amendments to the Federal Rules of Civil Procedure (FRCP), which expanded the types of sensitive and proprietary content that are discoverable, as well as how legal teams must handle them. A recent example of incorrectly redacted documents filed in the PACER federal court filing system highlighted the danger of publicly revealing information sealed by court order. Failure to comply with the rules of redaction can be costly both to a firm and its client.
According to FRCP Rule 5.2, the following types of data must be redacted before filing documents:
- All but the last four digits of a social security number and taxpayer identification number;
- The month and day of an individual’s birth;
- A minor’s name (only their initials may be used); and,
- All but the last four digits of financial account numbers.
These points are meant to be merely guidelines. If the last four digits of an individual’s social security number are irrelevant to a particular matter, the entire number can be redacted.
The widespread impact of the amendments to the FRCP has heightened awareness of document review and production in ways that have transformed the process. Judges are more attentive and adversaries are far more sophisticated. “The importance of redaction cannot be overstressed,” says Dan Sedor, a partner and co-chair of the Discovery Technology Group with Jeffer Mangels Butler & Marmaro LLP.
Sedor notes that a single electronic file may contain privileged information, as well as relevant, non-privileged and discoverable details. He highlights that a producing party and its lawyers are obliged to produce the latter but must protect the privilege as to the former. “Platforms that permit redaction facilitate production of responsive information while protecting the privilege,” he adds.
The industry’s Electronic Discovery Reference Model (EDRM) identifies various phases of discovery for which there may be an expense and the review phase, where redaction occurs, is the single largest cost center in the continuum. In fact, as part of the review process, it is the responsibility of legal counsel to properly redact all documents prior to production. As a recent survey reveals, most lawyers are manually searching through thousands of printed documents, wasting time and exposing their review to the likelihood of human error. The combination of impracticality and risk endanger a case before an adversary receives a sheet of paper.
Reducing the Risk of Inadvertent Information Disclosure with Electronic Redaction identifies challenges and available technology innovations surrounding e-Discovery and the process of redaction, including:
- The importance of automated electronic redaction during the review phase of e-Discovery to reduce risk, time and resource requirements
- Enhancing credibility through proper redaction techniques
- Reducing the risk of improper redaction
- Native file redaction and spoliation
- Leveraging modern redaction techniques to protect and preserve key data
“In an era where the volume of information is growing exponentially, but the pressure to cut costs and process documents more quickly increases, electronic redaction can help legal teams shorten the most expensive and time-intensive element in e-discovery,” explained Gary Heath, CEO of Informative Graphics. “This technology reduces the risk of inadvertent information disclosure while preserving the integrity of the process.”
To download a free copy of Reducing the Risk of Inadvertent Information Disclosure During e-Discovery with Electronic Redaction, please visit www.redact-it.com/whitepapers/.
About Informative Graphics
Informative Graphics Corporation (IGC), founded in 1990, is a leading developer of commercial software products for content visualization, secure publishing and collaboration. IGC products are renowned for their cost-saving value, ease-of-use, features and scalability. Its products are deployed by thousands of corporations in the United States and internationally. IGC maintains offices in the United States and has key distribution and OEM partners worldwide. The company maintains a Web site at
www.infograph.com.
Contact
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Note to Editors:
Informative Graphics is a registered trademark of Informative Graphics Corporation, and Redact-It is a trademark of Informative Graphics Corporation. All other names are the properties of their respective owners.
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