How eDiscovery is managing the challenge of what constitutes Personal Information

  The terms Personal Information or Personal Data have been increasing in usage for a while, and with the recent focus on the European GDPR, and the Australian NDB (Notifiable Data Breaches).  This article considers these definitions from the perspective of document production in litigation and regulatory investigations – the process of eDiscovery. In eDiscovery we are used to redacting sensitive information – most typically legally privileged or commercially sensitive information.  However, prior to the commencement of the Royal Commission into the Financial Services Industry (FSRC) the volume of documents requiring redaction was fairly modest in most matters. This certainly changed with the FSRC, as all documents that are tendered at a public hearing are required to have contact information and customer names redacted. This has resulted in significant efforts in reviewing all documents that are going to be tendered to ensure that the documents have been adequately redacted. What […]