Why keep a privilege log for your risk management department?

Why Keep a privilege log for your risk management department?

A privilege log is a document that lists privileged, confidential information that a party withholds from disclosure based on possible or actual litigation, whether currently or in the future. Risk management privilege logs can be beneficial in several ways:

• Protection of Privileged Information.

  • By creating a privilege log, an organization can protect confidential or sensitive information from disclosure during litigation. In addition, the privilege log can identify the specific documents or data that are subject to privilege, making it easier to manage and protect this information.

  • Failure to create a privilege log may result in a Waiver of Privilege. A Waiver of Privilege is a failure to properly identify and withhold privileged information, subjecting the information to the legal discovery process during litigation. This means the information may be disclosed to the opposing party and potentially used against the organization during litigation.