Risky Bulletin Newsletter
May 29, 2024
Risky Biz News: IR reports are not protected documents, multiple judges rule
Presented by
News Editor
Courts in three countries have now ruled that incident response and forensic reports are not protected legal documents and must be made available in other court cases or to authorities on request.
Legal precedents now exist in Australia, Canada, and the US.
In Australia, the precedent was in a class-action lawsuit related to the Optus September 2022 data breach. Optus argued that an incident response report it ordered from Deloitte was protected by client-attorney legal professional privilege. A federal court rejected the company's claim last November, and the company lost the appeal this week.