How To Keep Data Breach Investigation Reports Confidential

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By Noah Gillespie and Kelly Koscuiszka (March 28, 2022, 5:58 PM EDT) — Although internal investigations are a common first step when any incident comes to light, some courts have resisted providing data breach investigation reports the same continuing confidentiality protections typical of other internal investigation findings.

This article describes several recent cases and provides recommendations that will help keep the core investigative activities following a data breach protected.

These protections guard client decision making from adversaries.

The attorney-client privilege protects communications between a client and its lawyer made for the purpose of soliciting legal advice.[1] It “exists to protect not only the giving of professional advice to those who can act on it…

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