Blackout Redaction is Making Your Job Harder than it Needs to Be

How blackout redaction is making your job harder

When it comes to protecting classified data, blackout redaction has been in use for at least a century. While it is not the only acceptable form of data sanitization, it is historically the oldest and most commonly utilized by eDiscovery firms. This is despite the fact there are more modern and easy-to-use alternatives that save time and reduce errors. The two main data sanitization alternatives that meet legal requirements include anonymization and pseudonymization

In the past, the organizations most concerned with data sanitization including government agencies and law firms. Over the past few years, privacy protection has taken a global stage. The European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) now put legal parameters in place for data privacy protection. These laws affect not just how companies collect and use data, but also how they store and share that data. 

Could your eDiscovery operation benefit from incorporating more blackout redaction alternatives into your day-to-day? 


Need help navigating your compliance requirements? Download our in-depth guide to cross-border discovery under GDPR here.


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The California Consumer Protection Act’s (CCPA) Impact on eDiscovery Firms

As noted by Anju Khurana, Head of Privacy of the Americas, Bank of New York Mellon, “There are now over 100+ privacy laws in the world and GDPR is driving other countries to adopt similar regulations.” (corpcounsel.com, Oct. 2019). The California Consumer Protection Act (“CCPA”) which comes into effect on January 1, 2020, is the latest, and very likely not the last. Most data privacy experts anticipate additional states enacting data privacy regulations and think it likely that Congress will eventually do so at the federal level.

While modeled on the General Data Protection Regulation (“GDPR”), which came into effect in May 2018, there are differences, both small and substantial. A comparison of many of the key requirements from Thomson Reuter, Practical Law can be found here


Need help navigating your compliance requirements? Download our in-depth guide to cross-border discovery under GDPR.


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