Given that maintaining privilege and confidentiality is a key objective in data breach incident response, organizations must structure their response teams and communications with a view to maintaining privilege.
There may be times when it makes sense to try and establish a solicitor-client relationship with an external investigator, and these tips will help you do this effectively. However, in other cases where this is not what you require, recognize that the process your investigator follows may be open to scrutiny.
Can a company which provides a corporate e-mail account to a contractor, and then gets into a legal dispute with that contractor, use the contractor’s emails in that corporate account in the litigation? The answer appears to be no, in certain circumstances.